Lewis

The action is brought to prohibit the defendants from proceeding to try the case de novo in which H. S. Parker is plaintiff and the petitioner here is defendant. It appears that the action last above referred to was commenced in the justice court of Chico township; it came on for trial; the plaintiff submitted his evidence and rested, whereupon defendant moved for a judgment of nonsuit and dismissal of the action on the ground that the plaintiff had failed to prove his alleged cause of action, and the facts were insufficient to constitute a cause of action. The motion was granted and judgment of nonsuit and dismissal of the action duly entered. Plaintiff thereupon served notice of appeal to the superior court1 ‘ on questions of both law and fact. ’ ’ The appeal was perfected and “certified copy of the justice’s docket, together with the pleadings, all notices, motions and all other papers filed in the cause, the notice of appeal and undertaking, was filed in the clerk’s office of the superior court.” It further appears that “said H. S. Parker, plaintiff, did not prepare a statement of the case and file the same with the said justice or judge, nor was any such statement prepared…