Matlock v. Thompson

This suit, in which the defendants in error were plaintiffs below, was commenced and prosecuted under the act “ to provide a more efficient remedy in cases of unlawful entry and detainer in the city of Mobile,” approved March 3, 1848. The plaintiffs below recovered before the justices of *601the peace against Matlock alone, and he brought the cause to the Circuit Court of Mobile by certiorari, where there was a trial de novo on the merits, according to the statute, without any objection to the complaint, process, or other proceedings before the justice. The defendant below might have demurred,…