Carter v. Cross

1. No ground .of the motion to. dismiss the certiorari was meritorious, and the court properly overruled the motion.(o) While a failure to serve a writ of certiorari upon the judge whose *150decision is sought to be reviewed, fifteen days previous to the court to which-the return is to be made, is cause for dismissing the certiorari, unless it clearly appears that the failure to serve was not the fault of the plaintiff in certiorari (Zachery v. State, 106 Ga. 123, 32 S. E. 22), yet the certiorari will not be dismissed unless it is first made clearly to appear that there actually was such a…