Bishop v. Mugler

The opinion of the court was delivered by

JOHNSTON, J.:

The district court of Saline county granted a peremptory writ of mandamus against the plaintiff in error, who is a justice of the peace of said county, commanding him to receive and file a verdict alleged to have been agreed upon by a jury in a certain cause tried before him as a justice of the peace, where the defendant in error was plaintiff and one William Huebner was defendant. From the pleadings and *146the evidence in the record, it fairly appears that the cause was submitted to the jury late in the evening, and the justice of the peace,…