Baker v. Alexander

MacIntyre, J.. The controlling question in this case is whether or not the judge of the superior, court erred in dismissing a cer*9tiorari, “for want of proper and legal notice as to time and place of hearing.” The ground of the motion to dismiss was that the notice stated that “the time and place of hearing of said case will be at the December term, 1933, of said court [the superior court of Fulton county] at the Fulton county court-house,” and that there was no such term of that court. As a matter of fact, there was no such term, the next term being in January, 1934.

The Code provides that…