Smith v. Carroll

TEMPLETON, Associate Justice.

P. E. Rape sued C. F. Smith in the court of N. A. Carroll, a justice of the peace, on a debt of $170, and to foreclose a mortgage lien on two horses and a lease on 100 acres of land. The mortgaged property was then of the value of $300, and was of that value when the case was disposed of in the Justice Court. A trial resulted in a verdict and judgment for the defendant. On motion of the plaintiff a new trial was granted. The second trial resulted as did the first. The plaintiff made a verbal motion for another new trial, which was heard and granted without notice…