Mathis v. Timmons, McWhite & Co.

The code provides that “The plaintiff in certiorari shall cause written notice to be given to the opposite party in interest, his agent, or attorney, of the sanction of the writ of certiorari, and also the time and place of hearing, at least ten days before the sitting of the court to which the same shall be returnable, and in default of such notice (unless prevented by unavoidable cause) the certiorari shall be dismissed.” Civil Code (1910), § 5190. “Ten days before the sitting of the court to which the same shall be returnable” must be interpreted to mean ten days before the time fixed by…