Knowles v. Jones

BRAND, District Judge.

This action was commenced by plaintiff-appellant filing an affidavit for replevin in Justice of the Peace court at Portales, seeking recovery from defendant of a planing tool and motor valued at $125. On trial of the matter the justice entered an order denying defendant’s motion to dismiss the writ, and then, defendant announcing that he would offer no testimony, also overruled plaintiff’s motion for judgment.

Strangely, the defendant took an appeal to District Court, by filing the Justice Court transcript and a bond. No final judgment was ever entered by the justice to…