In Re Curl v. Putman

LAWSON, Justice.

L. D. Curl filed a detinue suit in statutory form against D. L. Putman. — § 223.-(27), Title 7, Code 1940. Putman filed a verified written motion to transfer the suit to equity. — § 153, Title 13, Code 1940. Pursuant to said § 153, supra, Curl demurred to the motion to test its sufficiency and later, without waiving his demurrer, filed a contraverting affidavit. After a hearing, without ruling on Curl’s demurrer, the trial judge, the Honorable David R. Archer, granted Putman’s motion to transfer the detinue suit to the equity docket.

Curl then filed in this court an original…