Bruins v. Downey

This was an appeal from the judgment of the justice of the peace to the county court, in the nature of a cer-tiorari, to be heai'd in that court on the evidence taken before the justice and the proceedings in the justice’s court, under sections 3763 and 3769, R. S. The statute provides that the justice “ shall make a return to the appellate court of the testimony, proceedings and judgment, and file the same therein,” and- that, “ if the return be defective, the appellate court may direct a further or amended return.” When the ease came to this court before, the judgment of the county court…