Smith v. McCranie

1. Before any writ of certiorari shall issue in a civil case, a proper bond or an affidavit in lieu thereof, as provided by sections 5185 and 5187 of the Civil Code of 1910, must be filed with the petition. Giving bond or making the affidavit is in a civil ease a condition precedent to the issuance of the writ, but not to the sanction of the petition for certiorari.

2. Where such a petition was verified as provided in section 5184 of the Civil Code, the applicant for certiorari had until after the sanction of the petition, and until the filing thereof with the clerk of the superior court, in…