State ex rel. Tyson v. Shackleford

Suit commenced before a justice against a constable and his sureties. Judgment against defendants, who appealed to the Circuit Court.

The transcript of the justice shows that the trial was on the 9th day of Aiogust, and that upon a demurrer being sustained to the answer of the defendants, they withdrew, and it was then “adjudged that the plaintiff recover of the defendants,” &c.

The judgment bears date, August 10. The appeal bond and its approval, the 9th of the same month.

The first point made by the appellant here, is that the Circuit Court should have sustained the motion which was made to…