Minor v. Duncan

Jackson, Judge.

This is a summary process for forcible entry and detainer brought by Duncan against Minor. It was tried by a jury before a justice of the peace. The jury found for the defendant and plaintiff carried the case by eertiorari to the superior court. That court sustained the eertiorari and granted a new trial, and this judgment is assigned for error here.

The facts are that plaintiff’s son was plowing in oats in his father’s field, when defendant, accompanied by some half dozen men, one or two of whom remained to the end, assisting him, came into the field and pulled down the fence…