Cummings v. Aiken

Defendant in error filed a motion entitled: “Motion to Dismiss Application for Writ of Error.” As the writ had theretofore been issued the motion to dismiss was not proper. The motion, however, will be treated as one to dismiss the writ, and as the cause has been argued by both parties on the merits, it will now be finally disposed of. Both parties assume that the imperfect record before us shows that the action was begun in the court of a justice of the peace, and that the object of the plaintiff Cummings was to recover of the defendant Aiken, police magistrate of the town of Craig, as a…