Coldron v. Rhode

Seymour T. Rhode, administrator of Jonathan Rhode, sued Coldron, before a justice of the peace, on a promissory note payable to his intestate. The justice gave judgment for the plaintiff, from which the defendant appealed to the Circuit Court, where the plaintiff also recovered. Motion for a new trial overruled, and judgment.

It is objected that no cause of action was filed before the justice of the peace; and that no sufficient cause of action was filed, &c. The transcript from the Circuit Court does not contain the note, (except as recited in the justice’s transcript and in the bill of…