Clarke v. Mills

Opinion by

Holt, C.:

The defendant in error, plaintiff below, brought his action against plaintiff in error, defendant below, before a justice of the peace. He alleged in his bill of particulars that the plaintiff and defendant were joint makers of a note for $500, and that he had paid the same in full with interest, and prayed for contribution. The defendant made application for and obtained a continuance in the justice’s court, but neither filed any pleadings nor appeared at the trial therein. Judgment was rendered for plaintiff, and defendant appealed to the district court. In the district…