Owens v. Smith

This is an original action in this court for a writ of certiorari to test the validity of a judgment entered on March 5, 1925, in the municipal court of the city of Clinton, in an action of forcible entry and detainer. The ultimate question for decision is one of statutory construction.

Justices of the peace were given exclusive original jurisdiction of actions of forcible entry and detainer by the Code of 1851 (Section 2367), by the Revision of 1860 (Section 3957), and by the Code of 1873 (Section 3616). The extra session of the twenty-sixth general assembly, which enacted Section 4211 of the…