Tomlin v. Harper

Harper sued out a warrant under the provisions of section 4813 of the Civil Code, to evict Hester Ann Tomlin as a tenant holding over. The defendant filed a counter-affidavit, in which she alleged that as guardian for her minor children she was owner of the lot of land in question. The case coming on for trial before the judge of the county court, there being no express provision of law for a jury trial in such a case, he rendered a judgment in favor of the plaintiff. Thereupon the defendant appealed for a jury trial in the superior court. When this appeal came up in the superior court the…