Miller v. Miller

1. The bill of exceptions in this case assigns error on a judgment of the Superior Court of Cobb County sustaining a motion to dismiss an application for certiorari from the court of ordinary of that county. The writ issued from the superior court to the judge of the court of ordinary but no answer appears in the record, and it is stipulated by counsel that the reason is that Honorable John Dorsey, Ordinary, died between the time of service of the writ upon him and the time when answer should have been made. Since assignments of error and recitals of fact in a petition for certiorari not…