State ex rel. Henderson v. McCrea

The opinion of the Court was delivered by

Bermudez, C. J.

This is an application for a certiorari and for a prohibition.

The complaint is that the justice of the peace has illegally set aside two final judgments in favor of the relator, on which executions had issued and seizure effected; that, in the absence of the plaintiff, he has, on a new trial granted, rendered a judgment on evidence heard in favor of defendant and by default against plaintiff, for the costs, liquidated at $20 thereby, and that on this last j udgment execution has issued; under which, property of plaintiff has been levied…