Hatch

The counsel for the appellant having expressly waived all other questions in the record, except the question as to the sufficiency of the complaint, the appeal from the order denying a new trial must be considered as abandoned.

We think, that irrespective of the question argued by counsel, as to whether the “ blacksmith-shop ” must be considered real or personal property, it sufficiently appears by the complaint that the court held by the defendant, as a justice of the peace, had no jurisdiction to ren4er the judgment it rendered in the case of Chadbron v. Hatch. It is alleged in the complaint, that when the demurrer to the complaint was overruled, the defendant in that action moved that the place of trial be changed to the court of some justice of the peace other than that of the defendant here, and that he supported the motion by the affidavit required by the statute for that purpose, and that, thereupon, an order was made by the defendant here, as justice of the peace, granting the motion, and changing the place of trial to the court of one Abner C. Squire, a justice of the peace for the same township.

The order thus entered, ipso /befo-vested jurisdiction in the court of the…