Loftin v. Great Southern Home Benevolent Ass'n

1. We omit any'reference to several of the points presented by the bill of exceptions. The judge of the superior court sustained the certiorari and ordered the case to be retried. There were errors in the justice’s court, which would have authorized the conclusion that the conduct of the trial in that court was prejudicial to the defendant, and it may be that the judge was moved by this consideration to set aside the judgment and order another trial. However this may be (for the order sustaining the certiorari is not placed on any special ground), It can not be held, in the state'of the…