State ex rel. Baird v. Anderson
State ex rel. Baird v. Anderson
Opinion of the Court
delivered the opinion of the court.
One J. S. Haley brought his action. before defendant, as justice of the peace, against relators, upon a certain promissory-note and open account. The cause was brought on for trial February 21, 1918, and upon the 25th of that month judgment was entered in favor of plaintiff. On the twentieth day of March, 1918, relators caused writ of review to be issued out of the district court to which return was made by defendant on the next day. On the first day of March, 1918, execution was issued and sales of personal property were had upon the fifteenth and twenty-first days of that month, respectively. By reason of the execution sales, sufficient proceeds were realized to satisfy the judgment, and on March 21 the judgment was satisfied, and acknowledgment of such satisfaction entered upon the docket by the attorney for plaintiff, all of which appeared in defendant’s return to the writ of review.
Respondents contend that the judgment was entered without jurisdiction for several reasons; but, in view of the fact that the case must be reversed on another ground, it will be unnecessary for us to consider these jurisdictional questions.
The judgment is reversed and the cause remanded, with directions to the lower court to set aside the judgment made and entered on the fourth day of April, 1918, and dismiss the certiorari proceedings.
Reversed and remanded.
Reference
- Full Case Name
- STATE ex rel. BAIRD v. ANDERSON, Justice of the Peace
- Status
- Published