Stover v. Doyle

The bill of exceptions in this case assigns error upon the dismissal of a petition for certiorari. The ground of dismissal was that the certiorari bond had not been approved by the judge of the court in which the case was tried. Section 4639 of the Civil Code, which deals with writs of certiorari in civil cases, imperatively requires the party applying for the writ, unless he does so in forma pauperis, to give bond and security “ before any writ of certiorari shall issue.” The statute necessarily means an approved bond, and accordingly this court, in Hamilton v. Insurance Co., 107 Ga. 728,…