Carter v. Berkshire

This was an action of debt commenced by Garter against John D. Fooshee and Ralph Berkshire, before a justice of the peace. The process was served on Berkshire and returned “not found” as to Fooshee. The suit was founded on a note, executed by both the defendants, for the sum of thirty-six dollars and seventy-five cents. Judgment by the justice against Berkshire for nine dollars and ninety cents and costs. The plaintiff appealed.

In the Circuit Court, the plaintiff' moved to set aside one of Berkshire’s pleas. This plea states that the note was given to the plaintiff by Fooshee, and Berkshire…