Central Railroad & Banking Co. v. White

12 S.E. 365, 86 Ga. 202, 1890 Ga. LEXIS 213

Opinion

Simmons, Justice.

The trial judge did not err in dismissing the writ of certiorari. Certiorari will not lie where the judgment of a justice of the peace is for $50 or under, unless based exclusively upon a question of law. Where facts alone are involved, or both law and fact, appeal to a jury in the justice’s court is the proper remedy. In this case essential facts were in question, and appeal was the proper remedy, and not certiorari. Judgment affirmed.