Hollis v. Doster

The record before us discloses that Doster sued out a distress warrant against Hollis, who filed a counter-affidavit, and the issue thus made was tried in a justice’s court. The magistrate, after the introduction of testimony by both the plaintiff and the defendant, decided that under the evidence the latter was not indebted to the former; but, instead of rendering a judgment in favor of the defendant, dismissed the distress warrant. To the judgment of dismissal Doster entered an appeal to a jury in the justice’s court. When the appeal came on to be heard, Hollis moved to dismiss the same, on…