State ex rel. Berger v. Smith

This is an application for a writ of mandamus to compel the defendant, as county judge, to issue an execution on a judgment rendered in the county court at the December term, 1880, in favor of the relator for the sum of $500 and costs, in the absence of the defendant in the action, which judgment was subsequently set aside on his motion, under sec. 1,001 of the code of civil procedure. Gen. Stat., 685.

The question thus raised is one of practice. It is, whether this section, which is found in that part of the code governing procedure before justices of the peace, is applicable also to the…