Covin v. Cairo Banking Co.

1. Where a petition for certiorari from a verdict, and judgment in a city court has been duly filed, alleging a final judgment in the case, and exception is taken thereto, although the answer of the judge of that court may not affirmatively verify the allegation that there was a final verdict and judgment, yet if no motion to dismiss the petition because of the failure to verify this allegation is made before the judge of the superior court, and the case is heard and determined on the assumption that there was a final judgment and an exception taken thereto, this court will pass on the merits…