Reeve v. Mitchell

This state of case appears from the record. In April, 1852, Reeve obtained a judgment against Mitchell in a justice’s court, and Mitchell prosecuted an appeal. A summons issued out of the circuit court, but the sheriff made no return thereon. An agreement is copied into the record, bearing date in September, 1852, purporting to be executed by the parties, which recites the recovery of the judgment before the justice, and the pendency of the cause in the circuit court by appeal, and concludes as follows: “ The parties agree to arbitrate the said suit, by each party choosing one good and lawful…