Hopkins, Allen & Co. v. Suddeth , 18 Ga. 518 ( 1855 )

By the Court.

Starnes, J.

delivering the opinion.

[1.] We are of opinion that the application for a certiorari in this case, should not have been dismissed, for the reason, that the Court had ordered the same to issue at a previous term, and that (as shown by the record) it was no fault of the-plaintiff in error, that it had not so issued ; the petition having been mislaid by the opposite Counsel, and the issuing of' the writ so prevented.

We incline to think, too, that the original proceeding was not irregular; that the second original attachment was properly issued by the Justice of the Peace in Baker County. We find no positive provision of the law requiring the Clerk. to do this, though it is the practice, in some places. It is also> the inclination of our minds, that it was not necessary for a, bond and affidavit to be sent to Lee County. But perhaps-these questions should be left open for consideration, when. the certiorari brings them up; and we leave them free, to be^ discussed at that time, if it should be desired.

Let the judgment be reversed.