People ex rel. Hitchcock v. Freelon

The relator obtained judgment before a justice of the. peace against B. C. Brooks, from which.Brooks appealed to the County Court, on questions of law alone. The County Court reversed the judgment of the justice, and ordered a new trial to be had before the justice. The relator insists, that the new trial should take place in the County Court, and applies to this Court for a .peremptory mandamus to compel that Court to proceed to try the case de novo.

By the provisions of the three hundred and sixty-sixth section of the Practice Act, there are two distinct classes of appeal from the judgments…