Aiton v. Board of Medical Examiners

The record in this case disclosed that the appellant filed in the court below a notice of motion for a writ of certiorari, accompanied by the affidavit of the petitioner, setting forth the facts upon which the application was based. No motion appears of record. The affidavit concludes with a prayer that a writ of certiorari be allowed. The defendant, evidently in doubt as to the view the trial court might take as to whether the application was by motion or petition, answered ‘ Un resistance of said motion and the allowance of the writ,” showing “that the facts stated in the petition of said…