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
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