Turk v. Shein

McWhoetee, Judge:

John Turk brought his action before Justice White of Mingo county for $100, the money due on contract against S. Shein. The ease was tried on April 2, 1898, and judgment rendered in favor of plaintiff for $100 and costs. Shein obtained a writ of certiorari removing the cause to the circuit court of Mingo county. On May 5, 1898, plaintiff moved to dismiss the certiorari as having been improvidently awarded, which motion was overruled, but no exception taken. The court then set aside the verdict of the jury and judgment of the justice and retained the case for trial. On the 6th…