Floyd v. Wiley

This was an appeal from a Justice of the Peace to the Circuit Court of Jefferson-county, and from the Circuit Court to this Court.

The action was to recover the-value of a horse. No regular pleadings were made up, but from the record and proceedings returned, the trials were, in both Courts, in assumpsit, for a horse sold. The hill of exceptions says, “ it- was admitted that the summons, in this case, stated the action to he on an account, for fifty dolíais.” But no objection appears to have been.made to the form of the action. All that this Court will do in examining into the form of the…