
    ARCHIBALD AUSTIN v. SELLORS.
    (S. C., Thomp. Cas., 64.)
    Knoxville,
    September Term, 1850.
    CERTIORARI. Grounds for, in lieu of appeal.
    It is sufficient ground for a certiorari in lieu of an appeal, that after the rendition of the justice’s judgment, an agreement was made to arbitrate. The infancy of the adverse party is immaterial. [Sufficient grounds for certiorari in lieu of an appeal. Notes 1-6 under sec. 4857 of the Code. Insufficient grounds, notes 7-12.]
    This was a certiorari to a justice of the peace. The reason stated in the petition for not appealing was, .that the plaintiff agreed after judgment to arbitrate the matter, and thereby prevented the defendant from appealing. It appeared that the plaintiff was an infant, and it was hence insisted that the agreement was void.
    The circuit judge held the reason for not appealing insufficient, and dismissed the petition; whereupon the defendant appealed to this court.
   McKinney, J.:

The agreement of the infant having had the effect of preventing the other party from taking the appeal, would operate as a fraud upon him, if he were not permitted to avoid the effect of it in this form.

The reason stated for not appealing is sufficient.

Judgment reversed.  