Brooks v. Baker
Supreme Court of Georgia
Certiorari. Appeal. Practice. Justices’ courts. Before Judge Boynton. Pike superior court. April term, .1889. Brooks presented Ills petition for certiorari, alleging as follows : In a certain magistrate’s court there came on to he heard the case of Baker, plaintiff in attachment, against petitioner, as claimant of certain property on-which the attachment had been levied.
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Certiorari. Appeal. Practice. Justices’ courts. Before Judge Boynton. Pike superior court. April term, .1889. Brooks presented Ills petition for certiorari, alleging as follows : In a certain magistrate’s court there came on to he heard the case of Baker, plaintiff in attachment, against petitioner, as claimant of certain property on-which the attachment had been levied. The plaintiff introduced four witnesses, each of whom testified that a sou of the defendant in attachment had offered to sell the property claimed, as the property of his father; and closed. Petitioner moved to dismiss the…
1Opinion of the Court
Blandford, Justice.
It has been frequently held by this- court, where a case is brought in a justice’s court to recover a sum under fifty dollars, and the same is tried by the justice of. the peace, and involves questions of law and fact, that a certiorari will not lie to the decision of said justice until after appeal to a jury in the justice’s court The following cases abundantly sustain this position: Witkowski v. Skalowski, 46 Ga. 41; Buroughs v. White & Stone, 69 Id. 841; W. & A. R. R. v. Carson, 70 Id. 388; Same v. Dyar, Id. 723; Shirley v. Rounsaville & Bro., 78 Ga. 708; W. & A. R. R.…
2Cases cited2 opinions
- Witkowski v. SkalowskiSupreme Court of Georgia · 1872
- Shirley v. Rounsaville & BrotherSupreme Court of Georgia · 1887
3Cited by2 opinions
- Toole v. Edmondson & Seay Bros.Supreme Court of Georgia · 1898
- Brice v. ChapmanSupreme Court of Georgia · 1895