Fiscus v. Young

GARDNER, Chief Justice.

Statutory action in the nature of ejectment. There was judgment for plaintiff and defendant appeals. The appeal is upon the record and without bill of exception. The motion of defendant to transfer the cause to the equity docket was denied and defendant, in the alternative, has submitted his petition for mandamus in review of this ruling. A single discussion will dispose of the appeal and the petition without express separate treatment. It is well settled that in statutory actions of ejectment the only appropriate plea is “not guilty”, under which a defendant may…