Gragg Lumber Co. v. Collins

1. The filing with the clerk of the superior court of the certiorari bond required under section 5185 of the Civil Code (1910) being a condition precedent only to. the issuance of the writ and not to the sanction of the petition for certiorari, the certiorari is valid as respects any requirement as to the giving and filing of the bond, where a valid legally required bond is filed with the clerk of the *77superior court prior to the issuance of the writ, notwithstanding the bond attached to the petition may be invalid. Smith v. McCranie, 14 Ga. App. 721 (82 S. E. 307).

Decided July 13, 1927. Eli…