O'Quinn v. Mayor of Homerville

“Neither the superior court nor this court can consider questions raised in a petition for certiorari that were not before the trial judicatory.” Duren v. Thomasville, 125 Ga. 1 (3) (53 S. E. 814). The instant petition for certiorari, brought to review a judgment entered in a proceeding before the mayor and council of a municipality ordering the abatement of a nuisance, assigns error upon such judgment on the ground that the proceeding was a nullity because of the absence of a proper party plaintiff; that the proceeding was invalid because no ordinance of the town giving the mayor and…