Ex parte Brown

¶1ORIGINAL.

¶2The dismissal of a cause by the Supreme Court of a Territory, because errors had not been assigned according to the rules of practice applicable to the form of action, is a judgment which can only be reviewed by writ of error. or appeal, as the case may be.

¶3This was a motion for leave to file a petition for a writ of mandamus. The petition, which accompanied the motion, showed that the petitioners commenced a suit in ejectment in the Territory of Washington on the 10th of Jhly, 1884; that the defendant answered, denying the plaintiff’s right to recover, and setting up various separate defences; that the plaintiffs demurred; that the cóurt'-overruled the demurrer; that the plaintiffs having elected to stand upon the ruling of the ■ court on the demurrer, the case was dismissed; ¿hat the plaintiffs thereupon appealed to the Supreme Court of the Territory; that transcripts of the record were duly filed in the Supreme Court and the causes removed and docketed there;. that a motion was made by defendant to dismiss the appeal because the action was at law and could be reexamined only on writ of error; that th& motion was sustained and judgment entered accordingly; and that the amount in controversy was largely in excess of $5000. The prayer of the petition was for a writ of mandamus' to the Supreme Court of the Territory, directing it to set aside the judgment, to reinstate the case, and to decide it on the merits.

¶4*402Mr. Leander Holmes and Mr. John H. Mitchell for the motion.