Where, on a trial in a justice’s court, the parties were at issue on questions of fact, and the losing party presents to the judge of the superior court a petition for certiorari in which he complains that the magistrate who tried the case “erred in giving judgment for the plaintiff in any amount, be*55cause said judgment was contrary to the evidence and without evidence to support it,” a question of fact is involved. The superior court therefore did not err in dismissing the certiorari on the ground that a question of fact was involved, no appeal to a jury in the justice’s court having been entered, and the case involving less than fifty dollars.

Judgment affirmed.