Minor v. City of Atlanta

1. In determining whether a petition for certiorari should be sanctioned, the judge must look to the petition alone. Though the statements in the petition may be rendered valueless upon the coming in of the answer, the merits of the petition at the time when it is presented for sanction depend upon the statement of the case as verified by the affidavit of the petitioner. Linder v. Benfroe, 1 Ga. App. 58 (57 S. E. 975).

2. The venue is a jurisdictional fact, and must be proved by the prosecution as a part of the general case; and where there is an assignment of error that the verdict is…