Bass Dry Goods Co. v. Electric Storage Battery Co.

The Electric Storage Battery Company sued the Bass Dry Goods Company, in a justice’s court, upon a contract and open account, and obtained judgment. The defendant carried the case to the superior court by certiorari, alleging that the judgment was contrary to law, because the magistrate had admitted in evidence certain interrogatories which had not been properly executed and other inadmissible documentary evidence (which con*641stituted all the evidence submitted by the plaintiff), and asked that the court render a final judgment in its favor. The judge sustained the certiorari on the ground that…