Loveland v. Sears

After judgment in the probate court, the cause was removed to the district court by certiorari, and the latter court quashed the writ upon appellee’s motion. In his petition to the district court, the appellant prayed that the writ might be issued in pursuance of the statute, but it is not possible to ground this proceeding upon that act. The act refers to proceedings before justices of the peace, and it is impossible to extend it to probate courts. If, in this instance, the probate judge had been acting as a justice of the peace, there would be some ground for saying that the proceedings…