State Ex Rel. Shoemaker v. Fry

This action was brought by the appellants to mandate the appellee as Justice of the Peace of Wayne Township, Jay County. The trial court sustained a demurrer to the complaint and appellants elected to stand on said demurrer and refused to plead further. Thereupon, judgment was rendered against them, from which this appeal was taken, assigning as error the action of the court in sustaining such demurrer.

The material allegations of the complaint are as follows: that a suit in replevin was brought'against the appellants in the court of the app'ellee; that the plaintiffs in said suit sought the…