Ginn v. Johnson

(After stating the foregoing facts.) The plaintiff or defendant in certiorari may traverse the answer or return of the trial judge, and the issue formed upon such traverse' shajl be tried by a jury at the first term, unless good cause be shown for a continuance. Code, § 19-403. The traverse, if material to the issues involved, must be disposed of before the hearing on the merits of the case. Estes v. Palmour, 9 Ga. App. 343 (71 S. E. 590). The issue formed by the traverse to the answer of the trial judge was material in this case and should have been submitted to a jurjq instead of being…