Mathis v. City of Nashville

1. “The answer to the writ of certiorari shall be filed on the first day of the term to which it is returnable, unless further time be given.” Civil Code (1910), § 5195.

2. The certiorari in this case was returnable to the December term, 1933, of Berrien superior court, and was heard at the March term, 1934, of the court. Upon the hearing it appeared that no answer to the petition for certiorari had been made, and no order taken at the previous term of the court requiring the trial magistrate to file his answer. Under this state of facts, the judge of the superior court properly sustained the…