Bateman v. Smith Gin Co.

Lumpkin, Justice.

The plaintiff below recovered a judgment against Bate-man in a justice’s court, from which he entered an appeal to a jury in the same court. When the case was called for trial on the appeal, the plaintiff (for reasons not necessary to be stated) failed to appear, and thereupon the justice allowed counsel for Bateman to submit the case to a jury and take a verdict in his favor. The plaintiff then sued out a certiorari to the superior court, alleging that the justice erred in allowing the case to take this direction, and in not dismissing it for want of prosecution. Hpon…