Ayer v. Mitchell

The superior court entered the following judgment: “This petition certiorari is hereby sustained, and this case is remanded to the J. P. court from which same was certioraried, for retrial.” Tb.that judgment the defendant excepted. This case was entitled on the justice’s court docket as Mitchell Seed and Feed Co., plaintiff, v. T. D. Ayer, defendant. It was likewise so entitled on the summons requiring the defendant to be and appear, etc., and the affidavit attached to the account sued on and to the summons was signed: “Per: W. H. Mitchell Jr., Mitchell Seed and Peed Co.”

The defendant, in his…