Peeples v. Tygart

1. The answer of the magistrate to the writ of certiorari was as follows: “After reading over the evidence and the rulings as set forth in the within petition for certiorari, answer that, to the best of my recollection, the evidence and rulings of the court as set forth in said petition are correct.” Held: (a) This was a substantial verification of all the statements of fact set out in the petition for certiorari. (6) If the defendant in certiorari was dissatisfied with the answer of the magistrate, he should have filed exceptions thereto as provided by the Civil Code, §4647; Davis v. Rhodes,…