Etheridge v. Peak

1. Where, in a petition for certiorari which contains an exception to the judgment of a magistrate overruling an affidavit of illegality to an execution upon a consideration of the issues made by the *576evidence, the affidavit of illegality and also the evidence adduced upon the trial appears, an assignment of error in the petition for certiorari, in the following language: “Petitioner avers the said court erred in entering up judgment as aforesaid, which rulings and findings of said court the petitioner assigns as error,” is a sufficient assignment of error upon the judgment of the magistrate…