Withers v. Bruntom

Appellant has appealed to this court from the judgment of the Circuit Court quashing the writ of certiorari which had been previously ordered and issued upon petition presented by him.

By the petition it is made to appear that appellee sued appellant before a justice of the peace for $42.79, the summons having been made returnable December 23, 1896, at one o’clock; previous to this appellant had deposited with the justice of the peace, as a tender in full of appellee’s demand, the sum of $35, which he claimed is all that he owed, and that such sum still remains with the justice of the peace as…