Harvey v. Pealer

Eelator asks for a mandamus to compel the circuit judge of St. Joseph county to vacate an order dismissing an appeal in proceedings to dissolve an attachment.

By an act of the Legislature passed in 1851 provision was made that a defendant whose property had been attached might apply to a circuit judge or to a circuit court commissioner for a dissolution. This act did not provide for an appeal from the decision of those officers, nor for a trial by jury.

- The act so remained until 1881, when a new section was-' added, which reads as follows:

“ Either party conceiving himself aggrieved by the…