Maxson

Petition for writ of certiorari. One Roberts brought an action against the petitioners herein, Maxson and Harris, in the justice’s court; the petitioners, as defendants in said action, demurred to the complaint; the demurrer was overruled and judgment entered for plaintiff, and the petitioners appealed from the judgment of the superior court “on questions of law alone.” Hpon the hearing of the appeal, the superior court ordered “that the judgment of the lower court be and the same is hereby reversed, with directions to the said lower court to sustain the demurrer of the defendants to the complaint of the plaintiff, with leave to the said plaintiff to amend his complaint if so advised.” In the present proceeding in this court the petitioners seek to have said order reviewed, and to have annulled all that portion of the order after the word “reversed,” upon the ground that the superior court had no jurisdiction to make any of the latter part of said order.

The provisions of the code touching procedure on appeals from the justice’s court to the superior court in civil cases, where the appeal is taken “on questions of law” alone, are very brief and meager, and it is not surprising…