
    Turner & Bedford vs. Farley.
    Where a certiorari is granted by two justices returnable to the circuit court, it will be dismissed upon motion for want of jurisdiction.
    In such case, no judgment can be rendered on the certiorari bond against the principal and security; nor any judgment for costs, except the-costs of the supreme court.
    This suit was commenced before a magistrate, and judgment rendered against Wade H. Turner, as the endorser of a note for ‡7 50, and costs. He petitioned two magistrates for a certiorari, which they granted, returnable to the circuit court of Obion county.
    At May term 1831 of said circuit court, the certiorari was dismissed, and judgment was rendered against the said Turner and Seth Bedford his security in the certiora-ri bond, for the debt and costs; appeal in the nature of a writ of error to this court.
    Gillespie, for plaintiffs in error.
   Catron, Ch. J.

delivered the opinion of the court.

This cause involves the construction of the act of 1829, ch. 16, providing that writs of certiorari and supersedeas to revise justices’ judgments, might be made returnable to the county or circuit court, at the election of the party obtaining the same.

Two justices on a petition for that purpose, awarded a writ returnable to the circuit court, and the question is, taking the acts of 1801, ch. 7, and 1829, together, whether any jurisdiction is conferred on the justices to command the process of the circuit court, in which they have no jurisdiction. This court decided at the last term at Sparta, in Taul vs. Collinsworth, that no such jurisdiction was conferred, and that the judgment of the circuit court on the certiorari bond, was unauthorized. because the court had no jurisdiction of the cause; that the judgment of that court must he reversed, and the cause stricken from the docket, and the justice notified of the fact, so that he might proceed to execute the judgment; and that no costs could be given save of this court, against the defendant in error. This cause is like that, and must take the like direction.

Judgment reversed.  