McMillen v. Terrell

Terrell, the appellee, sued McMillen, the appellant, on an alleged written contract, before a justice of the peace in Howard county. Trial and judgment for the plaintiff. The defendant appealed to the Circuit Court, where the case was tried by a jury, who found for the plaintiff. Motion for new trial overruled; motion in arrest also overruled; and judgment on the verdict of the jury. The defendant below appeals. The evidence in the case is in the record by bill of exceptions.

The complaint alleges that the defendant below, on the 7th of December, 1859, “ executed, as did also the plaintiff, an…