Ayer & Co. v. Kirkland

Notice given by plaintiffs in certiorari to the opposite party “that they had applied for and had issued a certiorari returnable to the next term of the court,” etc., was not a sufficient compliance with section 4059 of the Code, which requires notice to be given of the sanction of the writ of certiorari. In default of the notice required, the certiorari was properly dismissed.