Eslinger v. Flynn

J. W. Eslinger sued out a possessory warrant in a justice’s court against R. E. Elynn. Judgment was rendered in favor of Eslinger, and by certiorari Elynn carried the case to the superior court. Eslinger made a motion to dismiss the certiorari on the ground that the answer of the justice of the peace to the writ of certiorari “did not show what disposition was made of the case in the court below;” “did not show that there was any judgment against R. E. Elynn in the justice court;” “did not verify the statement in the plaintiff’s petition that a judgment was rendered against him in the court…