Georgian Co. v. Sutton

A petition for certiorari in a civil case must, unless sued out in forma pauperis, be accompanied by a bond approved by the judge or magistrate of the court in which the case was originally tried. Civil Code of 1910, § 5185; Southern Ry. Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684); Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945). This court, following rulings of the Supreme Court, has held that “a certiorari bond not approved by the magistrate who tried the ease is void.” Lester v. Cone, 16 Ga. App. 571 (85 S. E. 766). The Supreme Court ruled, in Hester v. Keller, 74 Ga. 369, that “it makes…