Kincaid v. Purcell

Blackford, J. —

This was an action of assumpsit, commenced before a justice of the peace, by Purcell against Kincaicl and Gould; the declaration alleging the defendants to be partners. The suit was for refusing to accept and pay for certain' cattle according to contract, and also for cattle sold and delivered.

The plaintiff, having obtained judgment before the justice for twenty dollars, appealed to the Circuit Court.

In the record of the cause in the Circuit Court, there is the following entry: “ At this time come the parties, and .the defendant, Gould, says nothing in'bar or preclusion of the…