Hicks v. Lindsey

1. Where a petition for certiorari is sanctioned by the judge of the superior court and duly served upon the trial court, requiring an answer thereto, and the presiding judge of the trial court answers that because of the length of time since trial of the case he can not and does not remember the evidence adduced before him on the trial of the case, and can not and does not by such answer verify the truth of the testimony as set out in the petition for certiorari, the judge of the superior court can do nothing other than overrule the certiorari. The ordinary of Berrien county, whose judgment…