Russell v. Wheeler

William Russell sued out from two justices of the peace, a warrant of forcible entry and detainer against' Amos Wheeler and others, and the jury having found a verdict against them, they obtained a certiorari and brought the case before the circuit court. On the trial in the circuit court, the proceedings of the justices’ court were set aside and annulled. Many objections have been urged to the writ of certiorari granted by the court below, which from the view we have taken, we do not deem it material to decide. For the sake of the practice, however, we will consider the first.

It is contended…