Hall v. Carlisle

Bleckley, Chief Justice.

In a justice’s court no case can reach a jury except by appeal, and nobody but a jury can try an appeal. The only trial which can be had by the presiding justice of the peace must take place before appeal. The justice is the organ of trial appealed from, not the one appealed to, Here there was an appeal from a judgment of the justice. It was tried by a jury, and on certiorari from the verdict of the jury to the superior court, a new trial was ordered. The plaintiff refused, after the ease was remanded to the justice’s court, to proceed to try it by jury. This was a…