Mitchell v. Western & Atlantic Railroad

Jackson, Chief Justice.

The plaintiff’s cow was killed by the running of defendant’s train; in the justice court, on trial before the jury, he recovered twenty-five dollars damages; the defendant carried the case to the superior court by writ of certiorari; that court rendered a final judgment in the cause, setting aside the verdict and rendering judgment for the defendant, without remanding the cause for another trial in the justice court; thereupon the plaintiff sued out a writ oft error to that judgment of the superior court to this court, and the error assigned is that the court erred in…