Cummings v. Fisher

Litz, Peesident:

This is a proceeding in prohibition to inhibit the hearing upon an alleged appeal from a justice.

The relator, A. L. Cummings, recovered judgment against Louisa Seabolt, before W. S. Hamrick, a justice of the peace of Webster County, January 15, 1935, in an action of unlawful entry and detainer, for the possession of a tract of land and $25.00 damages for the unlawful withholding thereof. On that date, the defendant applied for an appeal, and tendered to the justice an appeal bond executed by herself, without security, in the penalty' (fixed by him) of $100.00. The justice,…