Dryer v. Sexsmith

Corlett, J. :

On the 9th day of August, 1884, the plaintiffs commenced a suit against the defendant in a Justice’s Court to recover $160.07, balance due for coal and lumber sold and delivered to the defendant. On the return day of the summons both parties appeared by counsel. The complaint consisted of the items of the plaintiffs’ account, which was denied by the defendant, who also set up other defenses. After issue joined the defendant applied upon an affidavit for a commission to take the testimony of one James J. McQuestan, of Fairport, Chautauqua county. The proceedings upon that…