Foreman v. Clement

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The questions presented by the assignments of error will be disposed of in their order as stated below.

1. Did the court err in overruling the motion of the defendant, made before the trial, that the court transfer the case to the chancery side of the court, under section 6084 of the Code?

The question must be answered in the negative.

No authority is cited to sustain the position in question taken for the defendant. It is said in the petition for the writ of error that the defendant, “having filed his…