The practice uniformly has been to consider the ground or reasons for granting a certiorari, as open to investigation, during the next succeeding term after granting it [or after notice of its issuance, Beck v. Knabb, ante, 55], whether granted in or out of court. [See Hamilton v. Archer, 1 Tenn. 368; Nance v. Hicks, 1 Head, 626, citing this case]
Where there are more than one petitioner, the affidavit of one is sufficient for granting the writ.
WHITE, J. —
The practice uniformly has been to consider the ground or reasons for granting a certiorari as open to investigation during the next succeeding term after granting it, whether granted within or out of court.
Consequently the propriety of granting it may be examined during the next term.
TRIMBLE then stated that the petition was sworn to by one of the defendants only. The order however was not reversed on that objection.
CAMPBELL and OVERTON, JJ., accorded.