Wadsworth v. Olive

This was a possessory-warrant proceeding instituted by Wadsworth against Olive and Dr. Tolliver. Wadsworth assigns error on the judgment sustaining Olive’s certiorari complaining of the judgment of the justice of the peace awarding to the plaintiff the possession of the property involved.

On certiorari in possessor-warrant cases the superior court in its discretion may remand the case and order a new trial or re*540hearing, or in some instances may make a final disposition of the case, unless the judgment of the magistrate is demanded under the evidence adduced on the hearing. Code, § 82-303;…