Ryals v. County Commissioners

Hill, O. J.

1. The statute makes it the duty of the petitioner for certiorari, his agent or attorney, to. see that the writ, together with the petition, shall be served upon the inferior judicatory to whom the writ is addressed, “at least fifteen days previous to .the court to which the return is to be made;” and when it appears that service of the writ has not been made as thus provided, the proceedings should be dismissed, unless it clearly appears that the failure to serve was in .no 'way attributable to the fault of the party making application for the writ. Civil Code (1910), § 5189;…