Central Railroad & Banking Co. v. White

Supreme Court of Georgia

Central Railroad & Banking Co. v. White

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

CourtSupreme Court of Georgia

DecidedNovember 21, 1890

StatusPublished

Cited by1 cases

This text of 12 S.E. 365 (Central Railroad & Banking Co. v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central Railroad & Banking Co. v. White, 12 S.E. 365, 86 Ga. 202, 1890 Ga. LEXIS 213 (Ga. 1890).

Pincite

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.

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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.

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Bluebook (online)

12 S.E. 365, 86 Ga. 202, 1890 Ga. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-railroad-banking-co-v-white-ga-1890.

Opinion

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