Burdsal v. Shields

The opinion of the court was delivered by

Cunningham, J.:

The sole question presented in

this proceeding is whether an action in forcible entry and detainer, or forcible detainer, tried by a jury before a justice of the peace, may be appealed by the defendant to the district court without a showing of the amount involved in such action. The district court dismissed such appeal because no showing of value was made. Section 120 of the code of civil procedure before justices (Gen. Stat. 1901, §5353) is as follows :

“In all cases not otherwise specially provided for by law, either party may appeal…