Baggs-Langford Motor Co. v. Lewis

A writ of certiorari, directed to a justice of the peace, was issued from the superior court, requiring answer “5 days before the first Monday in July next” (July 7 being the first day of the term). The magistrate’s answer was filed in the clerk’s office on July 5. On October 27 the plaintiff in certiorari filed exceptions to this answer. The certiorari coming on for a hearing, on October 30, the superior court entered an order dismissing the certiorari, upon oral motion of the defendant in error, on the ground stated in the order that the answer had not been filed within the. time required…