Stephens v. McNaughton

Mrs. Stephens caused a distress warrant to be issued against McNaughton. He replevied. To an adverse verdict in the justice’s court the defendant brought certiorari. No complaint was made that the verdict was contrary to the evidence. The petition for certiorari contained only two specific, assignments of error: (1) That the court erred in not dismissing the levy for insufficiency of description; and (2) that the justice of the peace, over objection of the defendant, put upon him an illegally impaneled jury and forced him to trial. The judge of the superior court sustained the certiorari and…