Marchman v. Brow

1. Where, to a judgment rendered by the ordinary upon application to remove alleged obstructions from a private way, a certiorari is sued out to the superior court, and the answer of the ordinary to the writ of certiorari states incorrectly the facts as shown upon the trial, or is incomplete in that it fails to send up pleadings which should have been incorporated in the record, the proper remedy for the party complaining of the incorrectness or incompleteness of the answer is by exception to it, and not by motion to dismiss the petition for certiorari. Star Glass Co. v. Longley, 64 Ga. 576.

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