Deep v. Devane

A petition for certiorari, in which no evidence was set out, reciting that a case was tried before a justice of the peace, appealed to a jury in the justice’s court, and dismissed by the justice, to which order petitioner then excepted and now excepts upon the ground that the same *324was contrary to the'law and evidence, “because the trial justice had demanded $44 cost,” does not sufficiently meet the requirements of the Civil Code (1910), §§ 4740, 5185, and decisions based thereon, to withstand a motion to dismiss upon the ground that there was no sufficient assignment of error. Such…