Glass v. Smith

Stayton, Associate Justice.

It appears that R. S. Smith sued H. C. Glass in the justices court to recover a yoke of oxen which were sequestrated and remained in the hands of the officer who executed the writ of sequestration. There was a judgment rendered in favor of the plaintiff, in which the defendant acquiesced. Subsequently a person, without authority from' Glass, and without his knowledge, and contrary to his wish, but in his name, sued out a writ of certiorari by which the cause was taken to the district court.

Glass made no appearance in the district court, and when the cause was…