Myrick v. Superior Court

Foote, C.

— Application for a writ of review. The case in hand originated in a Justices’ Court to recover damages caused by the trespass of stock on plaintiff’s land. A change of venue was obtained to another Justices’ Court, but before such transfer of the cause, an answer, demurrer, and motion to dismiss had been filed by the defendant. When the action came on for trial, a second motion was made by the defendant to dismiss it, on the ground that the justice in whose court it was originally brought had failed to indorse on the complaint that it was “filed” as required by law. The motion was…