Santini v. Justice's Court

The action- was on a promissory note and the judgment was for the plaintiff in the sum of $92.50. On appeal to the superior court the judgment was affirmed and the record returned to the respondent court. The issuance of an execution is threatened and it is sought in this proceeding to restrain its issuance.

The foundation for the petitioner’s position is the fact that the justice of the peace who tried the cause in the respondent court was called in by the respondent justice pursuant to section 105 of the Code of Civil Procedure, but was ineligible to sit in that court because he was a…