Ward v. Reed

Defendant was sued in an action of assumpsit in justice’s court. Upon the return day the plaintiff declared orally upon a promissory note filed with the court. The defendant appeared specially, and objected to the jurisdiction of the court, and, these objections, being •overruled, took no further part in the proceedings, and plaintiff took judgment. The cause was taken to the circuit by special appeal, and the questions raised by the special appeal were decided against defendant, who thereupon, under leave granted, pleaded the general issue, accompanying the plea with an affidavit denying…