Blackwell v. Fry

This is an action on an account with an attachment in aid. It originated before a justice of the peace. On appeal to the circuit court there was a trial of the plea in abatement, in which the issues were found for the plaintiff and the attachment sustained, there being no controversy as to the debt. Judgment was entered on stipulation for the amount sued for. The defendant’s motion for a new trial on the plea in abate-' ment being overruled, he thereupon tendered his bill of exceptions, ,and prayed for an appeal to this court, which was granted.

Among the several alleged grounds for the…