Central Railroad & Banking Co. v. White

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

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.

Reference

Full Case Name
The Central Railroad and Banking Co. v. White
Cited By
1 case
Status
Published