Brice v. Chapman

Simmons, Chief Justice.

1. This court has frequently held that where the amount sued for in a justice’s court is less than fifty dollars, certiorari will not lie to the judgment of the magistrate if a question of fact is involved, unless there has been an appeal to a jury in that court. In the present case the action was upon an account for an alleged indebtedness of $30.50; one of the grounds of the certiorari was that the magistrate erred in rendering judgment in favor of the plaintifl', and this assignment of error involved questions of fact. The judge of the superior court therefore did…