Brown v. Seals

This is the third certiorari sued out in the same case by the plaintiff in error. The first certiorari was dismissed because, though the magistrate had not filed an answer, the petitioner in certiorari had failed to act and to invoke the aid of the court in requiring an answer to be filed. Upon this dismissal of the petition for certiorari the plaintiff made an abortive effort to sue out a second writ of certiorari, but the proceeding was void by reason of the fact that the petitioner failed to file the bond required by law or a pauper’s affidavit in lieu thereof. The present petition was…