36 P. 175 | Ariz. | 1894
The appellant filed his complaint in the court below to restrain the levy of an execution upon his property, as well as the issuance of an alias execution under a judgment obtained in a justice of 7he peace court. We gather the following facts from the conrolaint: The appellee Olsen sued the appellant in the justice court of precinct No. 1, in Graham County, for damages. The defendant in that suit, being the appellant here, made an application for a change of venue to the justice court of precinct No. 12, which was granted. He also obtained a change of venue from the justice
Did the court err in sustaining the demurrer? We think so. The appellant cannot complain of the defects occurring before the several justices prior to the one in precinct No. 6, for the reason that in every instance where he objected to those defects, though the objection was overruled, the case was transferred subsequently upon his motion to another justice,
Sloan, J., and Hawkins, J., concur.