Lyles v. Barnes

HARRIS, J.,

delivered tbe opinion of tbe court.

This is an appeal from tbe County Court of Smitb County to tbe Circuit Court, and a writ of error from tbe Circuit Court to tbis court.

A judgment for plaintiff, and appellant here, was rendered in the County Court below, and an appeal taken from that judgment to tbe Circuit Court. On tbe trial of tbe cause in tbe Circuit Court, the plamtiiff in error here, moved to try tbe cause upon tbe record, as suit from tbe court below, which tbe Circuit Court refused, and proceeded to try tbe same on its merits de novo.

Tbe defendant in attachment then moved…