Banks v. Uhl

Lake, Ch. J.

This is a motion to quash the proceedings in error, and to strike the case from the docket for the reason, as is alleged, that a final judgment has not yet been rendered in the district court.

In making this motion, the defendant in error proceeds upon the theory that where the judgment of a justice of the peace is taken on error to the district court, and reversed, and the original cause is retained and set down for trial in that court, as the statute directs, the judgment of reversal cannot be reviewed by this court until after a final trial and judgment is had on the original…