McNair v. Tucker

The opinion of the court was delivered by

Mr. Justice McIver.

The sole question raised by this appeal is, whether there was error in refusing the motion of *106defendants to have this case transferred from the trial justice who issued the original papers to the nearest trial justice for trial under the provisions of section 840 of the General Statutes, as amended by the act of December 26, 1884. 18 Stat., 863.

It appears that the original summons was issued by A. M. Rankin, Esq., as trial justice, on December 26,1884, and served on January 5, 1885. It was returnable on January 25, 1885, but by…