Bullock v. Biggs

The opinion of the court was delivered by

Swayze, J.

The pleadings in this case are informal and consist of an information setting forth the title of the relator to the office of city marshal of Millville and a plea challenging the title of the relator and claiming title in the defendant. There is no demurrer or replication and no issue joined upon this plea. The parties, instead.of joining issue and having it disposed of by the court if it was an issue of law or tried by a jury if it was an issue of fact, have taken depositions as if the proceeding were in the nature of a rule to show cause…