State ex rel. Prescott v. District Court of the Third Judicial District

This is an application for a writ of certiorari to review an order of the district court of Deer Lodge county refusing to *180dismiss an appeal taken to tbe court from a judgment in a justice’s couif. Prom the affidavit filed in support of the application it appears, prima facie> that the plaintiff recovered judgment against one Thomas in the court of the justice of the peace. Thomas duly appealed therefrom to the district court and gave the undertaking required by law. The plaintiff, availing himself of the privilege granted by Section 1763 of the Code of Civil Procedure, duly excepted to the…