Britt v. Summers

This is a replevin suit instituted before a justice. The latter after hearing the evidence took the case under advisement and thereafter made the following order:

“Now, on this 17th day of March, 1914, 10 a. m., the justice, after mature deliberation, find both plaintiff and defendant have an indefinite interest by each making purchase payments and accordingly certifies all papers to circuit court as an equitable matter for settlement.”

There is nothing in the statutes providing for the certification by a justice of a case to the circuit court under the conditions existing in the case at the…