Farkas v. Stewart

Jackson, Chief Justice.

[A. G. Stewart brought suit in a justice’s court on January 30, 1880, against Sam. Farkas. The summons was in the usual form, except that in the caption it was stated to be an action of “ debt on warranty of mule,” and in the body of the summons the defendant was called on to answer plaintiff’s “ demand in an action of debt on warranty, a copy of which is hereto attached.” No copy was attached, nor was the amount of damages stated. The justice rendered judgment for the defendant, and plaintiff appealed to the superior court.

On the trial, the evidence for the plaintiff…