Ivey v. City of Warrenton

Under the facts of this case the judge of the superior court did not err in passing the following order-: “ It appearing that notice of sanction, time, and place of hearing the within certiorari was not given the defendant in certiorari as provided by law, it is ordered, upon motion of counsel for defendant in certiorari, that the within petition be and the same is hereby dismissed.” This order was passed upon a motion to dismiss the certiorari because the plaintiff in certiorari had failed *750to give written notice “ of the sanction of the writ of certiorari and also of time and place of…