Alley v. Elliott-Madison Co.

1. “The plaintiff in certiorari shall cause written notice to be given to the opposite party in interest, his agent, or attorney, of the sanction of the writ of certiorari, and also the time and place of hearing, at least ten days before the sitting of the court to which the same shall be returnable, and in default of such notice (unless prevented by unavoidable cause) the certiorari shall be dismissed.” Civil Code, § 5190.

2. While it has been held that the following acknowledgment, endorsed on the petition and signed by counsel for the defendant in certiorari, ' was sufficient evidence that…