Determination on motion to quash or dismiss

On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court. Acts 1903, ch. 115, § 2; Shan., § 4866a2; Code 1932, § 9003; T.C.A. (orig. ed.), § 27-816. On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court. Acts 1903, ch. 115, § 2; Shan., § 4866a2; Code 1932, § 9003; T.C.A. (orig. ed.), § 27-816.