Vignolo v. Superior Court

Petitioner applies for a writ of review for the purpose of having' annulled a judgment of the respondent Superior Court rendered on the merits, after trial de novo, in an action brought before said Superior Court on an appeal from the justice’s court taken on questions of law and fact. Petitioner’s main contention is that there was no trial of the facts in the justice’s court, and that therefore the appeal to the Superior Court was in effect one taken upon questions of law alone, whereunder the power of the Superior Court was limited to a reversal of the judgment and a remand of the cause to…