Wright v. Rutledge

Warner, Chief Justice.

The error complained of in this case is that the court below dismissed the plaintiff’s 'certiorari on the ground that the amount in controversy between the parties in the justice’s court exceeded the sum of $50 00, and that the plaintiff’s remedy was by an appeal to the superior court and not by certiorari. Without expressing any opinion as to whether the remedy by certiorari, as provided for by the 4049th and 4052d sections of the Code, is taken away in any case where the amount in controversy exceeds $50 00, by the proviso to the 2d section of the act of 1868, we are…