Peralta v. Adams

Appeal from the Third Judicial District for the County of Contra Costa.

This appeal is from an order of the District Court granting a peremptory writ of mandamus, commanding the appellant, who is a Justice of the Peace of said county, to enter a judgment in the case of Vincente Peralta v. E. Adams, the respondent, in favour of respondent for $349, costs of suit, and to issue execution therefor.

The proceeding before the Justice was in forcible entry and detainer; and on the 20th November last, the case was dismissed on plaintiff’s motion without prejudice: on the same day plaan™ nled his affidavit and claim of costs to the above amount, and demanded judgment and execution thereon; which respondent swears the Justice refused. This affidavit was filed Jan. 3d, 1852. On the same day, the County Court dismissed the application and refused the writ. Respondent appealed to the District Court 28th February, 1852 ; who, on the 3rd March, granted the peremptory mandamus; and on the 8th March, this appeal was taken.