Swink v. McKnight's Executors

Swink sued McKnight’s executors before a Justice of the Peace to collect amount *766claimed to be due on a promissory note executed by McKnight to Swink.

The plaintiff obtained judgment for $301.68, and the defendants appealed to the Circuit Court. In that Court verdict and judgment were rendered in favor of defendants. Motion for new trial being overruled, Swink appealed in error to this Court.

Appellant assigns as error the action of the Circuit Judge in submitting the case to a jury, instead of trying it himself without the intervention of the jury.

Touching this question the bill of exceptions…