126 Ga. 425 | Ga. | 1906
1. Under tlie decision in Toole v. Edmondson, 104 Ga. 776, 783, if tlie amount in controversy in a suit in a justice’s court exceeds fifty dollars, and only a question of law is involved, and the nature of the ruling complained of is such as not to dismiss the case, the losing party may select one of three remedies: an appeal to a jury in the justice’s court, an appeal to the superior court, or a certiorari. If at the trial questions both of law and fact are raised, but the petition for certiorari only complains of the rulings which involve the questions of law, thus waiving the right to complain of rulings upon disputed questions of fact, certiorari is available as a remedy.
:2. In the present ease there was no conflict of evidence upon any material question; there was none at all on the subject of the plea to the juris
3. In Western & Atlantic R. v. Dyar, 70 Ga. 723, the case involved less than fifty dollars, and also apparently involved contested questions of fact.
Judgment reversed.