East River National Bank v. Ellman

The bill of exceptions in this case assigns as error *264the dismissal of a certiorari upon motion of the defendant in certiorari, the motion being based upon alleged defects in the petition for certiorari. The merits of the case were not passed upon by the judge of the superior court and will not be considered by this court. The petition for certiorari shows that upon the trial of the case in the municipal court of Atlanta a verdict was directed for the defendant, and judgment thereon entered up, and that the plaintiff (who is also the plaintiff in the certiorari proceedings) made a motion for a…