Southeastern Mutual Fire Insurance v. Davison

1. Before a writ of certiorari can properly issue, unless applied for in forma pauperis, it must appear from the record that the bond required by the Civil Code (1910), § 5185, has been duly approved by the judicial officer before whom the case was tried in the first instance. Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36); Daniel v. Citizens Loan & Guarantee Co., 23 Ga. App. 684 (99 S. E. 226). Approval of the bond by a commercial notary public will not suffice.

2. Where the writ of certiorari has issued, it is proper, upon the call of the case for trial, to dismiss the petition, upon…