Small v. Bischelberger

This cause was first tried before a justice of the peace; it was afterward removed to the county court by certiorari and there tried de novo; the proceedings in the latter court are now before us for review, upon error.

A preliminary question relating to the jurisdiction of county courts in connection with certiorari ought perhaps to be noticed. In this state there are two statutory proceedings under this title: one for the purpose of reviewing, under certain circumstances, the action of an inferior tribunal, board or officer; the other for the purpose of securing the trial de novo of causes…