West v. State

Carlisle, Judge.

1. The office of exceptions to the answer of the magistrate to a petition for certiorari is to specify defects in such answer, and such exceptions do not take the place of a traverse to the answer whose office is to controvert the truth of the facts set forth in the answer. Code §§ 19-302 and 19-403. Baggs-Langford Motor Co. v. Lewis, 34 Ga. App. 205 (1) (129 S. E. 16); Smith v. Rosenberg Cory., 44 Ga. App. 586 (1) (162 S. E. 411). A traverse of the answer of the trial judge, to be effective as such, must be verified by affidavit.

2. Under the foregoing authorities, where the…