Brooks v. Ivy H. Smith Construction Co.

1. The fact that an attorney or a party interested in the case wrote the answer of the magistrate to a writ of certiorari affords ground for an exception to the answer, but not for a motion to dismiss the certiorari. Kelly v. Young, 8 Ga. App. 551 (70 S. E. 27); Burruss-Manley Co. v. Lewis, 8 Ga. App. 552 (70 S. E. 27). It was error for the court to dismiss the certiorari on this ground.

2. Upon the hearing of a writ of certiorari, where it appeared from the evidence introduced in support of a motion to dismiss the writ that, between the time of the sanction of the certiorari and the time of…