Atlanta Woodenware Co. v. Franklin & Ridley

While the statute requires in express terms that the plaintiff in certiorari shall cause written notice to be given to the opposite party, his agent or attorney, of the sanction of the writ of certiorari, and also of the time and place of hearing', at least ten days before the sitting of the court to which the same is returnable, and that in default of such notice, unless prevented by unavoidable cause, the certiorari shall be dismissed (Civil Code (1910), § 5190), and while it has been repeatedly ruled by the Supreme Court and this court that this mandatory requirement as to notice must be…