Bush v. Roberts

The plaintiff in error presented a petition for certiorari, for sanction, and the judge of the superior court refused to sanction it; and exception is taken to this refusal. A motion is made to dismiss the bill of exceptions, because it appears from the record that the surety who signed the certiorari bond-signed the appeal bond, on the appeal to the jury in the justice’s court. This would have been a good ground for a motion to dismiss the certiorari in the superior court, but in the present instance it is not good ground for dismissing the writ of error, for two reasons: first, because,…