Deitz v. Groesbeck

Coolev, J:

This was a case of special appeal from the judgment of a justice of the peace. A number of errors were assigned, and upon the whole record the circuit court reversed the judgment.

We cannot on special appeal consider mere irregularities in the proceedings before the justice. If a party wishes to plant himself upon those, he must resort to his writ of cer-tiorari. Questions of jurisdiction, however, are open to him on special appeal.

The first objection we can notice is, that the affidavit by which the suit was commenced was insufficient, first, because it was made by one of the…