Donalson v. Donalson

Wyatt, Justice.

The first and controlling question which we are called upon to decide is whether or not the petition should have been dismissed for the reason that it was filed in the clerk’s office without having been sanctioned by the trial judge.

“The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing, unless it shall pray some extraordinary remedy.” Code, § 81-112. “If an extraordinary process or remedy shall be prayed, the sanction…