Corner v. Corner

Corner v. Corner. I. A Judge of the County Court has no authority to award a writ of certiorari, return" able into the Circuit Court, in v, suit for a forcible.entry and detainer. Writ error to the. Circuit Court of Cherokee county,, ANNA CORNER commenced proceedings against Robert Corner, before a Justice of the Peace, of Cherokee County, for a forcible entry and detainer, in which she recovered a judgment. The Judge of the Copnty Court.of that- county,, on the petition of the defendant, awarded a writ of certiorari, returnable into the Circuit Court. ■ ■ • On the return of this writ into the Circuit Court, it was quashed, inconsequence of-a, want of authority in the Judge, awarding it. The defendant now prosecutes, his writ of error, and assigns, the refusal of the Circuit Court to entertain jurisdiction of the case'. • .'Moore, for the plajntjff in error cited, Meek’s Sup.. 82. Pieman, contra cited, Donham -v-.‘- C ar ter, 2 Stewart, 498. [MAJORITY — GOLDTHWAITE, J.] GOLDTHWAITE, J. The adtufÍ&40, provides that the Judjjes-of-the County Courts, shalljiáye*power to grant certio-rari^-, .returnable to the Circuit ;Cpuytsdift the same-manner that" they ai-e allowed to grant thp- -sapie --returnable to their oWri'Courts: Meek’s Supplement,.^; íB¿t4-his gives them no authority to award writs of certiorari'^ in cases of forcible entry .aM’detáiner, because these writs,-‘pfovidus to the statute, could not behnade returnable to the County-Courts. The only effect intended by this act, was to altáwl ,íhe‘.;-judges of the County Court,-to send such cases to the Ghciiit ‘Courts, as they might hátfe.Concurrent jurisdiction over, yby means of the certiorari, arid the terms of the statute apply, solely tO-the ordinary actions beftire Justices of the Peace. • '.THejudgment of the Circuit Court-is.-aflrmed.