Burruss-Manley Co. v. Lewis

Powell, J. 1. It is not valid ground for the dismissal of a petition for certiorari that one of the attorneys in the case wrote the answer of the magistrate, though this would he ground for exception to the answer. See Kelly v. Young, ante, 551. 2. The judge had the discretion to sustain the certiorari and grant a new trial (irrespective of whether the reason assigned be meritorious or not), as the evidence was conflicting. Judgment affirmed.