Carmien v. Whitaker

Pettit. J.

This suit was commenced by the appellant against the appellee and one George H. Cox, before a justice of the peace, on this account:

“Andrew Whitaker and George H. Cox, to Curtis C. Car-mien, Dr. to 160 ¡¡4 bushels of potatoes, at $1.05 per bushel— $168.52. June 1st, 1868.”

Before the justice a judgment was rendered against both of the defendants, and Whitaker, alone, appealed to the circuit court. This is expressly provided for. 2 G. & H. 593, sec. 64. In the appellate court there was a trial by jury, verdict for the defendant, motion for a new trial overruled, exceptions, and…