Southern Pacific Co. v. Davison-Paxon Co.

“Neither the superior court nor this court can consider questions raised in a petition for certiorari that were not before the trial judicatory.” Duren v. Thomasville, 125 Ga. 1 (3) (53 S. E. 814) ; O’Quinn v. Homerville, 42 Ga. App. 628 (157 S. E. 109). A fortiori, neither the superior court nor this court can consider a motion to dismiss a certiorari based upon defects in the pleadings in the lower court or upon alleged errors in the proceeding sought to be reviewed, with reference to which no question was raised in the trial court. Accordingly, in the instant garnishment proceeding in the…