Smith v. Heller

Elliott, C. J. —

This action originated before a justice of the peace and was carried by appeal to the circuit court.

The complaint avers, among other things, that the defendant “justly owes the plaintiffs the sum of sixty-three and dollars, and that the payment of the said sum has been unreasonably delayed, and that there is the further sum of eleven and dollars as interest on the same.” The motion in arrest made by the defendant was properly overruled. It is doubtful whether if the action had been commenced in the circuit court the complaint would not have been good after verdict, and, as the…