La Salle Extension University v. District Court of the First Judicial District

LEEPER, J. —

This is an application for a writ of review directed to the order of the district court overruling a demurrer and remanding the ease to the justice’s court in which it originated for trial. The appeal to the district court was taken by the defendant Eranches from an order of the justice of the peace sustaining a demurrer of the plaintiff to the answer of the defendant. No trial was ever had in the justice’s court and no judgment was ever rendered in the action. No bond upon appeal was ever filed. The La 'Salle Extension University, plaintiff here and respondent below, moved to…