justify a reversal of the judgment. The judgment must be affirmed. All concur.
In the Matter of the Application of RupotpaH Evinason for a
Writ of Certiorari to Wiutiam G. Dance, Justice of the
Peace in and for the Town of Norman, in the County of
Cass, and State of North Dakota.
Jurisdiction of Justice of the Peace—Entry of Judgment—Certiorari—Contradiction of Return.
1. Under our statutes justices of the peace are required to perform all their judical acts within the township and county for which they were elected. They are also required, where a case in justice court is tried by a jury, to enter judgment at once upon the verdict; and any judgment entered in disregard of either of these provisions may be avoided in any proper proceeding for that purpose,
2. The writ of certiorari authorized by our statute cannot be directed to an ex-official after he has parted with the record sought to be reviewed.
3. Incertiorari proceedings, the duly authenticated transcript of the record and proceedings kept by the inferior tribunal, and returned to the superior court in obedience to the writ, imports verity, and cannot be contradicted by the parol return of the officer who made the record; and this prohibition extends to all necessary presumptions arising from the record.
(Opinion Filed Aug. 29, 1891.)
APPEAL from district court, Cass county; Hon. WiLLiaM B. McConnELL, Judge.
W. E. Dodge and W. E. Purcell, for appellant. Benton & Amidon, for respondent.
Application by Rudolph Evingson for a writ of certiorari to William G. Dance, a justice of the peace, to compel him to send to the district court a transcript of certain records, Writ granted and judgment entered. Respondent appeals. Judgment reversed and the court below directed to quash the writ.
W. E. Dodge and W. E. Purcell, for appellant:
The writ of certiorari will be granted only where there is no writ of error or appeal, nor, in the judgment of the court, any
