Elliott v. Daiber

This case originated before a justice of the peace in Madison county. The action was upon a lost note. By the justice’s transcript, it appears the defendant was arrested on a capias, and, when brought before the justice, said he could not deny the plaintiff’s demand. Whereupon, “it was considered by the court, that the plaintiff have and receive, of the said defendant, the sum of ninety-nine dollars and eighty cents, for his demand . against said defendant, with costs of suit.”

The defendant took an appeal from this judgment to the Circuit Court, and at the May Term, 1866, the appellee entered…