Georgia Northern Railway Co. v. Home Mercantile Co.

1. No error appears in the refusal of the magistrate to grant a continuance; for, so far as the petition for certiorari shows, the petitioner’s counsel, on account of whose absence the continuance was sought, instead of being absent, was present in court.

2. The dismissal of the affidavit of illegality left no issue for determination by a jury, and the verdict was therefore a useless formality. It is therefore immaterial in this ease that the jurors who purported to act were not summoned at least five days before the court, as provided by law.

3. The grounds of the petitioner’s affidavit of…