Williamson
Williamson v. Moore
Opinion
Lead Opinion
Barnard, J.
The petitioner herein filed an action, as. plaintiff, in the respondent Justice’s Court, on September 3, 1929, demanding judgment for five hundred dollars, with interest at eight per cent from March 1, 1928, for one hundred dollars attorney’s fees, and costs of suit. Said suit was based upon a promissory note made payable in said township. A summons was issued and served and the defendants defaulted. On October 18, 1929, petitioner, as such plaintiff in said action, appeared before L. J. Difani, as such Justice of the Peace, offered to make proof of the service of summons, and demanded the entry of judgment in his favor. Following the refusal of said Justice of the Peace to enter said judgment, or to accept jurisdiction in such action, this proceeding was begun by the filing of an appropriate petition. Petitioner alleges that at all times since September 1, 1929, said township of Riverside has had a population in excess of thirty thousand inhabitants. Petitioner seeks a peremptory writ of mandate, directing and commanding respondent to forthwith hear the proof of petitioner, and if such proof be found sufficient, to enter judgment in favor of petitioner, and commanding the…