Witkowski v. Skalowski
Supreme Court of Georgia
Certiorari to Justice Court. Before Judge Cole. Bibb Superior Court. May Term, 1872. E. Witkowski sued out a writ of certiorari to the Justice Court of the 716th district, Georgia Militia. When said cause was called in the Superior Court, counsel for B. Skalowski moved to dismiss the same, upon the ground that the sum involved in the original suit in the Justice Court exceeded $50, and that therefore the remedy of the dissatisfied party was by appeal, and not by certiorari.
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Certiorari to Justice Court. Before Judge Cole. Bibb Superior Court. May Term, 1872. E. Witkowski sued out a writ of certiorari to the Justice Court of the 716th district, Georgia Militia. When said cause was called in the Superior Court, counsel for B. Skalowski moved to dismiss the same, upon the ground that the sum involved in the original suit in the Justice Court exceeded $50, and that therefore the remedy of the dissatisfied party was by appeal, and not by certiorari. The Court sustained the motion, and plaintiff in error excepted, and assigns said ruling as error.
1Opinion of the Court
McCay, Judge.
The Constitution, Article V, section 3, paragraph 2, does provide that the Superior Court shall have power to correct the errors of Inferior Courts by writ of certiorari. But it also provides, Article V, section 6, paragraph 2, that whilst a Justice of the Peace shall have jurisdiction of amounts under one hundred dollars, there shall be an appeal from his judgments to the Superior Court when the amount claimed is over fifty dollars. It is hardly to be supposed that it was intended to give the right of certiorari and of appeal in the same class of cases. As the word appeal has…
2Cited by8 opinions
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- Boroughs v. White & StoneSupreme Court of Georgia · 1883
- Dexter v. GloverSupreme Court of Georgia · 1879
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