
    Wortham v. Equitable Mortgage Company.
    Submitted November 13,
    Decided December 10, 1901.
    Certiorari. Before Judge Harris. Coweta superior court. March term, 1901.
    
      J. C. Newman, for plaintiff in error. W. C. Wright, contra.
   Lewis, J.

The Supreme Court will uphold a judgment dismissing a certiorari on the ground that the writ of certiorari had never been served upon the judge by whom the case was tried in the first instance, when the evidence upon the question of service was conflicting, and that introduced in support of the motion to dismiss warranted a finding that there had been no service of the writ at all.

Judgment affirmed.

All the Justices concurring.  