Weaver v. Moss

(After stating the foregoing facts.) The only question in the case is whether, under the above-stated facts, the petitioner had the legal right to present to the judge the second petition for certiorari.

The first petition, although sanctioned, was never filed in the office of the clerk of the superior court of Clayton County, as required by law, and the writ of certiorari was never issued. Therefore, the first petition never ripened into a “case,” but became a mere scrap of paper; and there was no case to be renewed. The first petition was never dismissed, and therefore the decisions in cases…