Carlson v. Ray

This suit was commenced in the district court for Dawes county to prevent the execution of a' judgment which the county court of Fillmore county, exercising the jurisdiction of a justice of the peace, had rendered against plaintiffs for $179.93 on a promissory note. A transcript of the judgment had been filed in the office of the clerk of the district court for Dawes county and collection is attempted by means of an execution in the hands of the sheriff of Dawes county. The trial court sustained a demurrer to the petition and dismissed the suit in equity. Plaintiffs have appealed.

The question…