Furbee v. Shay

Dent, PresideNt:

This is an action of debt originally instituted by Fur-bee Bros, and Smith against Shay & McMullen, resulting in a judgment in favor of the plaintiffs against the defendants for the sum of one hundred and forty-one dollars and twenty-five cents. The defendants appealed to the circuit court of Tyler County, wherein the same result was reached. They then came to this Court, and here rely on the following errors:

*737First, that the jury was sworn to try the “matters in difference” before the issue was made up. This question has been settled by this Court in the case of White v.…