
    The Central Railroad and Banking Co. v. White.
    Essential facts being in question, appeal to a jury in the justice’s court, not certiorari, is the remedy to correct an erroneous judgment■ of the justice for fifty dollars or less.
    November 21, 1890.
    Appeal. Certiorari. Justices’ courts. Before Judge EalligaNt. Chatham superior court. March term, 1890.
    White sued for $50 damages from killing his cow. Evidence was introduced by both sides, upon which the justice rendered judgment for the plaintiff' for $50 and costs. Without appealing to a jury in the justice’s court, the defendant carried the case to the superior court by certiorari, alleging that the justice erred in finding in favor of the plaiutiff. In the superior court the certiorari was dismissed, on the ground that it was not the proper remedy before appeal to a jury in the justice’s court. The defendant excepted.
    E. S. Elliott, for plaintiff' in error.
    Charlton & Macicall, by S. B. Adams, contra.
    
   Simmons, Justice.

The trial judge did not err in dismissing the writ of certiorari. Certiorari will not lie where the judgment of a justice of the peace is for $50 or under, unless based exclusively upon a question of law. Where facts alone are involved, or both law and fact, appeal to a jury in the justice’s court is the proper remedy. In this case essential facts were in question, and appeal was the proper remedy, and not certiorari. Judgment affirmed.  