Sell v. Davis

The district court of Ward county, on the petition of the plaintiff, issued a writ of certiorari directed to the defendant, C. B. Davis, a justice of the peace. The defendant, E. B. McCutcheon, was joined as a party defendant. The writ directed the justice to certify to the district court all books, records, and documents in the case of E. B. McCutcbeon v. Theoline R. Sell, a case that bad been tried in bis court, and in which a purported judgment bad been entered and an execution issued. On the return day the defendants appeared and demurred to the petition and moved to quasb the writ. The…