
    Johnson v. Cummings.
    Justices’ courts. Certiorari. Appeal.
    One of the errors assigned in the certiorari being that the magistrate rendered judgment for the plaintiff’s debt, and the action being based upon an account, there was a question of fact involved, and consequently the remedy in the first instance was not by cer
      
      tiorari but by appeal to a jury in the justice’s court, the amount claimed being under fifty dollars.
    October 19, 1891.
    By two Justices.
    Before Judge Marshall J. Clarke. Fulton superior court. September term, 1890.
    E. M. Mitchell, by brief, for plaintiff in error.
    J. C. Jenkins, contra.
    
   Judgment affirmed.  