Wittstein v. Huntsman

In the common pleas court, Alfred H. Wittstein brought an action against Wellington T. Huntsman, clerk of this court, to enjoin the issuing of an execution which he averred the clerk was about to issue for the purpose of collecting certain costs. The amended petition was met by a demurrer filed by Huntsman, which demurrer was sustained by the common pleas court, and, the plaintiff not desiring to plead further, a final judgment was entered dismissing his petition, from which judgment he prosecutes error in this court.

It appears from the averments of the amended petition that Wittstein was the…