Mitchell v. Scott

Defendants in error sued Mitchell in assumpsit, before a justice of the peace, and declared •orally on all the common counts, and added what was intended to ‘be a special count. They also filed a bill of particulars, and Mitchell pleaded the general issue. Judgment passing in their favor, Mitchell appealed, and on trial in the circuit they again recovered. The ■case was disposed of on the pleadings made before the *109justice, and the only question now raised depends on; the soundness of an objection that certain evidence was.; not admissible under the declaration.

It appears from the record, and…