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Benton v. Hynes
26 S.E. 469
Ga.
1896
Check Treatment
Atkinson, J.

1. Where, in the trial of a case pending in a justice’s court, there are disputed issues of fact, the judgment rendered by the magistrate cannot be directly reviewed by the writ of certiorari, but there must be an appeal, either to a jury in that court, or to the superior court.

2. In the present case there were disputed questions of fact, and there having been no appeal, the writ of certiorari was properly refused. Judgment affirmed,.

Case Details

Case Name: Benton v. Hynes
Court Name: Supreme Court of Georgia
Date Published: Dec 17, 1896
Citation: 26 S.E. 469
Court Abbreviation: Ga.
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