Clements v. McCormick Harvesting Machine Co.

Little J.

The plaintiff' in error filed a claim to the levy of an execution issued from a justice’s court in favor of the defendant in *852error against T. M. Clements. The magistrate rendered judgment in favor of the claimant, the plaintiff appealed to a jury in the justice’s court, and a verdict in favor of the claimant was returned. The plaintiff then sued out a writ of certiorari. When the certiorari case was called in the superior court, the defendant moved to-dismiss the petition, “because there was no assignment of error therein, no complaint made therein of the verdict of the jury, and no…