If any writ of certiorari shall hereafter be issued contrary to any provision of this chapter, or shall not be served upon the adverse party within such period of 60 days, the party against which the same is so issued may have the same dismissed on motion and affidavit showing the facts and shall be entitled to costs and disbursements the same as in other civil actions.
(9773) 1909 c 410 s 5; 1986 c 444