In Re Consolidation of County Ditches Nos. 20, 38, 41, 49 & 53

Motion to vacate a writ of certiorari for failure to serve the same upon the adverse party within 60 days after “due notice of the proceeding sought to be reviewed” as required by sections 9769, 9770, G. S. 1923.

The order sought to be reviewed denied a petition to consolidate several judicial ditch proceedings and was made February 11, 1925. So far as the record shows, the only formal written notice of the filing of that order was given in August. In the meantime the writ of certiorari had been applied for and issued on June 30. It must be assumed therefore that the applicants for the writ…