Ellis v. Whitaker

The opinion of the court was delivered by

Doster, C. J. :

This was an action of mandamus brought by defendants in error Whitaker and Thomas, as plaintiffs, against J. H. Ellis, a justice of the peace, as defendant, to compel the latter, as such justice, to grant a change of venue. Whitaker and Thomas were defendants in an action for the recovery of money, pending before Ellis as justice of the peace. They applied, under the statute providing for changes of venue from justices, for an order sending the case to another justice for trial. The application was denied. The case then proceeded to…