Cook v. Dunkle

The opinion of the Court was delivered by

Knox, J.

John Gr. Dunkle brought an action.of trespass against John Cook and Jeremiah McDonald,'before a justice of the peace. The plaintiff’s claim, as set forth on the docket of the justice, was for $25, damages for the destruction of his sheep by the defendants’ dog; referees were chosen, who awarded in favour of the plaintiff $11, and judgment was entered upon the award. The defendants appealed to the Court of Common Pleas, where their appeal was dismissed for the reason that the case was not appealable. To reinstate the appeal this writ of error…