Brown & Bigelow v. Parian Paint Co.

A case involving issues of fact, with the amount in controversy exceeding $50, was instituted in a justice’s court. The verdict was in favor of the plaintiff, and the defendant took the case, by certiorari, to the superior court. In that court the original plaintiff moved the court to dismiss the certiorari, on the ground that certiorari does not lie to the verdict of the jury in a justice’s court, in a case involving an issue of fact, where the amount involved exceeds $50. The court overruled the motion, and also ordered a new trial. To both of these rulings exceptions are taken.

This case…