American Bonding & Surety Co. v. Adams

1. A plaintiff in certiorari notified the defendant of the sanction of the writ, stating the name of the case and designating it as one which had been “tried in the justice court of the 187th district G. M., said county, on the 8th day of October, 1904.” The notice recited that the writ would be heard “at the court-house in said county at the next term of the superior court, to be held on the 2nd Monday in March, 1904.” The notice was dated November 25, 1904, and nowhere stated the name of the county in which the certiorari was to be heard. The notice served on the defendant was not an exact…