Central Railroad & Banking Co. v. White

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.