
    The Western and Atlantic Railroad vs. Carson.
    1. Where a verdict on an appeal case in a justice’s court was rendered October 12th, 1880, and a petition for certiorari was filed on January 12th, 1881, it was not in time, and was properly dismissed.
    2. It is from the verdict of the jury in appeal cases in a justice’s court that a certiorari may be taken, not from the judgment which the justice may enter thereon. Therefore, the certiorari must be allowed and brought within three months from the date of the verdict; and it is not sufficient that it is within three months from the entry of the judgment by the justice.
    April 3, 1883.
    
      Statute of Limitations. Justice Courts. Certiorari. Before Judge Fain. Bartow Superior Court. July Term, 1882.
    Carson sued the Western and Atlantic Railroad, in a justice’s court, and the case was appealed to a jury therein. On October 12th, 1880, a verdict was rendered for the plaintiff for ten dollars. On October 13th, 1880, judgment was signed up by the plaintiff’s attorneys, upon this verdict. The defendant, being dissatisfied, petitioned for and obtained the writ of certiorari, which issued .January 12th, 1881; and the petition, writ, affidavit, bond, etc., were all filed in office on January 12th, 1881. When the certiorari came on for trial, the defendant therein (plaintiff below) moved the coiirt to dismiss the same, on the ground that it was not brought within three months from the rendition of the verdict in. the justice's court. The court sustained this motion, and dismissed the certiorari, and plaintiffs in certiorari excepted.
    Akin & Akin, for plaintiff in error.
    J. M. Neel, for defendant.
   Jackson, Chief Justice.

The writ of certiorari was not sued out in time, under the ruling in 60 Ga., 632. In that case, judgment was rendered on June 12th, and the petition was filed on September 12th. It was held too late, being not within three months, the three months expiring at 12 o’clock on the 11th of September. In this case, the verdict was returned on the 12th of October, 1880, and the petition filed on the 12th of January, 1881. The cases on the point are identical. That in the 60th Ga., controls this.

But it is said that the judgment was not signed on the verdict, in the case at bar, until the 13th of October. That does not alter the case. The certiorari is to correct the verdict, and from the verdict it carried this case to the superior court. Code, §4157 (j).

The judgment may not have been signed in a month. Shall the party have four months after trial to certiorari the case? We think not. But the statute is conclusive. It enacts, in Oode, §4157 (j), that “ When either party is dissatisfied with the verdict of a jury in any appeal case tried in the justice courts, such party may apply for and obtain a writ of certiorari,” etc. It is upon the verdict oii appeal from the j ustice of the peace thathe applies for the writ of certiorari, not upon the judgment of the justice of the peace or any other judgment. The writ was properly dismissed.

Judgment affirmed.  