Packard v. Mendenhall

This action originated before a justice of the peace, where the appellee recovered a judgment against the appellants. The appellants appealed to the circuit court, where, we are informed by the clerk, they moved to dismiss the action, which was overruled and an exception taken. The motion is not copied into the record, nor does the clerk inform us for what reason a dismissal was asked. The question is not reserved by a bill of exceptions. The clerk cannot thus make a record for this court.

The cause was tried by the court, and resulted in a finding for the appellee, and, over amotion for a new…