Rogers v. Echols

1. The answer to a writ of certiorari appearing to have been filed in the superior court the number of days before the term and otherwise as required by law, the judgment overruling the certiorari can not be affirmed upon the ground that the answer of the magistrate was not filed as required by law, and that for this reason the judgment overruling the certiorari was not error.

2. Where personal property is levied upon under a process of the court, it is optional with the defendant to exercise the right given him by law to take possession of the property by giving the required bond. Where the…