Durham v. Atkins

Appellant recovered a judgment in a tort action against appellee in the justice of the peace court of beat 10, Randolph county, and within 6 months thereafter the defendant in said suit petitioned the judge of probate of said county for the statutory writ of certiorari for removal of the cause to the circuit court for trial, and on the same date the probate judge ordered, the issuance of the writ. The case being called for trial in the circuit court, plaintiff moved to strike the certiorari, which motion was denied, and tb-is action of the court is here assigned as error.

It is insisted the…