
    Martha Minnis v. J. E. Jordan.
    Replevin, brought before a justice of the peace of the city of Emporia, Lyon county, by Minnis against Jordan, for the recovery of a certain mule. Trial June 7, 1879, and judgment for the plaintiff. Thereafter, the defendant took the case by petition in error to the district court, wherein Minnis moved the court to dismiss the cause and remand the same, for the following reasons:
    1. That no transcript of the proceedings containing the final judgment sought to be reversed, is filed with the petition in error filed in this court.
    2. That the records show that no motion for a new trial was made before the justice of the peace trying the same.
    January 7, 1880, the court overruled this motion, and also conditionally reversed the judgment of the justice. Minnis brings the case to this court.
    
      Cunningham & McCarty, for plaintiff in error.
    
      Bacheller & Baaheller, for defendant in error.
   Per Curiam:

The judgment in this case will be reversed, and the case remanded with instructions to the district court to affirm the judgment of the justice. This decision is based upon the case of Jackson v. Stoner, 17 Kas. 605.  