Hartsfield Co. v. Luddy

Bboxles, O. J.

1. While, “under the provisions of section 5185 of the Civil Code (1910), it is the general rule that before any writ of certiorari shall issue, the party applying for the same shall give bond and security for all future costs and the eventual condemnation money, payable to the adverse party, and if he fails so to do the superior court does not acquire jurisdiction of the case” (Metropolitan Life Ins. Co. v. Monroe, 26 Ga. App. 332, 106 S. E. 209), yet the general rule does not apply in its entirety in a cause where there is no eventual condemnation money in the case. In such a…