Von Schmidt v. Noland Co.

Noland Company Incorporated filed a bail-trover suit in the municipal court of Atlanta, DeKalb section, against Mrs. M. E. H. Yon Schmidt, to recover certain plumbing equipment. The defendant filed several defenses, including an affidavit of illegality. The affidavit of illegality was dismissed on general demurrer. The judge heard evidence, and entered judgment, without a jury, in favor of the plaintiff. The defendant, by certiorari, carried the case to the superior court of DeKalb County, where it was dismissed on the ground that certiorari did not lie from a judgment of the municipal court…