60 Ga. 632 | Ga. | 1878
The plaintiffs sued the defendant in a justice court on a note given for a fertilizer known as the “ Carolina.” The defendant pleaded that saM fertilizer was worthless, and not reasonably suited to the purpose for which it was purchased. On the trial in the justice court, judgment was rendered for the plaintiffs. The defendant sued out a certiorari and brought the case before the superior court, which court, after considering the justice’s return thereto, sustained the certiorari and ordered a new trial, on the ground stated in the order, whereupon the defendant in certiorari excepted. When the case was called for a hearing in the court below, the defendant in certiora/ri made a motion to dismiss it on the ground that it was not brought within the time prescribed by law, which motion the court overruled, and the defendant excepted.
Let the judgment of the court below be reversed.