Witkowski v. Skalowski
| Decision Date | 31 July 1872 |
| Citation | 46 Ga. 41 |
| Parties | E. WITKOWSKI, plaintiff in error. v. B. SKALOWSKI, defendant in error. |
| Court | Georgia Supreme Court |
Certiorari to Justice Court. Before Judge Cole. Bibb Superior Court. May Term, 1872.
E. Witkowski sued out a writ of certiorari to the Justice Court of the 716th district, Georgia Militia. When said cause was called in the Superior Court, counsel for B. Skakrwski moved to dismiss the same, upon the ground that the sum involved in the original suit in the Justice Court exceeded $50, and that therefore the remedy of the dissat-isfied party was by appeal, and not by certiorari. The Court sustained the motion, and plaintiff in error excepted, and assigns said ruling as error.
Poe, Hall & Poe; Nisbets & Jackson, for plaintiff in error.
A. O. Bacon, for defendant.
The Constitution, Article V, section 3, paragraph 2, does provide that the Superior Court shall have power to correct the errors of Inferior Courts by writ of certiorari. But it also provides, Article V, section 6, paragraph 2, that whilst a Justice of the Peace shall have jurisdiction of amounts under one hundred dollars, there shall be an appeal from his judgments to the Superior Court when the amount claimed is over fifty dollars. It is hardly to be supposed that it was intended to give the right of certiorari and of appeal in the same class of cases. As the appeal has for a long time been used in Georgia it has been understood to relate only *to matters of fact—it involves trial of questions turning upon evidence, and almost necessarily presupposes the new tribunal to be a jury. Under our previous system the Justice's Court had a jury, and there was always an appeal from the Justice to the jury. The Constitution of 1868 dispenses with a jury in a Justice's Court, and increases his jurisdiction to one hundred dollars, but provides that when the amount claimed is over fifty dollars there may be an appeal to the Superior Court.
As we understand this provision it guarantees the right of trial by jury in cases of over fifty dollars if the case turns on matters of fact. This trial cannot be had by certiorari, since on such a writ the review is entirely upon the Judge and is a correction only of errors of law. We think this case stands precisely on the footing of the judgment of an Ordinary on the probate of a will. The Constitution of this State has, formany years, provided for an appeal from the Probate Court; and it has also, for many years,...
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State v. Shelton
...Young, 96 Mo. 41, 8 S. W. 776; Poe v. Machine Works, 24 W. Va. 517; Ennis v. Ennis, 110 Ill. 78; Hauser v. State, 33 Wis. 678; Witkowski v. Skalowski, 46 Ga. 41; Carolan v. Carolan, 47 Ark. 511, 2 S. W. 105." See, also, State v. Walbridge, 69 Mo. App. 657; State v. Schneider, 47 Mo. App. 66......
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Toole v. Edmondsno
...in this case will be but briefly referred to, while those that seem to be in conflict will be treated more at length. In Witkowski v. Skalowski, 46 Ga. 41, the general rule is stated. In Wright v. Rutledge, 51 Ga. 194, it was held that, where the amount claimed in the justice's court did no......
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Toole v. Edmondson
...in this case will be but briefly referred to, while those that seem to be in conflict will be treated more at length. In Witkowski v. Skalowski, 46 Ga. 41, the general rule stated. In Wright v. Rutledge, 51 Ga. 194, it was held that, where the amount claimed in the justice's court did not e......