concurring specially. I agree to all the rulings except that contained in paragraph 9. Whether the judge of the superior court has jurisdiction to render a final judgment in favor of the defendant in certiorari where the certiorari is overruled, I think that under the undisputed facts of this case the plaintiff in certiorari, who is the plaintiff in error, was not harmed by the final judgment complained of. I therefore concur in the judgment of affirmance.