Benton v. Hynes

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,.