Darmstædter v. Armour

This case was an appeal from an order of the circuit court quashing a writ of certiorari, by which the appellant sought to remove a cause into that court from before a justice of the peace. We are of opinion that the writ was properly quashed.

To entitle a party to a certiorari it must appear from his petition, 1, that the judgment before the justice of the peace was not the result of negligence on his part; 2, that the judgment is unjust and erroneous; and 3, that it was not in the power of the petitioner to take an appeal in the ordinary way. As to the first and third of these requisites,…