Maxwell v. Deens

In this case a suit was brought in a justice’s court for trespass on lands, and the defendant Deens was-arrested on a warrant.

Plaintiff declared in trespass for damage to the land, and. defendant, appearing by attorney, put in the general issue with notice that it was his own close and freehold. He made no claim and filed no bond to transfer the cause to the-circuit, and a trial was had and damages were recovered against him.

*37He then took a special appeal, alleging as special grounds tlie insufficiency of the affidavit on which the warrant issued, .and error in the decision by the justice that…