Supreme Court of Georgia, 1896

Benton v. Hynes

Benton v. Hynes
Supreme Court of Georgia · Decided December 17, 1896
100 Ga. 95; 26 S.E. 469; 1896 Ga. LEXIS 578

Benton v. Hynes

Opinion of the Court

Atkinson, J.

1. Where, in the trial of a case pending in a justice’s court, there are disputed issues of fact, the judgment rendered by the magistrate cannot be directly reviewed by the writ of certiorari, but there must be an appeal, either to a jury in that court, or to the superior court.

2. In the present case there were disputed questions of fact, and there having been no appeal, the writ of certiorari was properly refused. Judgment affirmed,.

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