Supreme Court of Georgia, 1890

Central Railroad & Banking Co. v. White

Central Railroad & Banking Co. v. White
Supreme Court of Georgia · Decided November 21, 1890 · Simmons
86 Ga. 202; 12 S.E. 365; 1890 Ga. LEXIS 213

Central Railroad & Banking Co. v. White

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.