GARDNER, J.
1. It is urged by the defendant that the court erred in overruling and dismissing the certiorari; and since it amounted to a final judgment, it is contended that the court should have remanded the certiorari to the lower court with proper instructions as to the application of the ordinance. The defendant cites in support of this contention Deaton v. Taliaferro, 80 Ga.App. 688 (
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