Dotson v. Hawes

The plaintiff in error excepts to the dismissal by the superior court of his petition for certiorari from the judgment of a justice of the peace. It appears from the record that the sole ground for dismissing the petition was that it sought to review questions of both law and fact, and that, therefore, certiorari was not available as a remedy. Our consideration of the case will therefore not include a decision of the points sought to be raised by the petition, for they have not yet been passed upon by the lower court; but will be confined to a determination of whether, under the petition,…