Sparks v. McHugh and MacKay

STEPHENS, Associate Justice.

Again this case comes before us on appeal, and again must the judgment be reversed. For the former appeal see 43 Southwestern Beporter, 1045.

Hpon the last trial the county judge sustained a general demurrer to the plaintiff’s second amended petition and dismissed the suit, because he was of opinion that the court over which he presided had no jurisdiction to set aside execution sales out of a justice court.

The amended petition to which, the demurrer was thus sustained stated in unmistakable terms a good cause of action, in that, as in the original and first amended…