Smith v. Owens

(after stating the facts as above). We think it appeared that the County court was without power to hear and determine the cause, and therefore that the certiorari should have been dismissed. The jurisdiction of that court was appellate only and could not attach until the cause was finally disposed of in the justice court. The effect of the order of the justice of the peace made January 29, setting aside the judgment he rendered January 26, was to leave the case standing in his court for trial anew there, and it was not shown that he ever set aside the order or tried the cause anew. The…