Sewell v. Harkey

Appellee sued appellants before a justice of the peace for $122 balance alleged to be due for purchase money of certain lands. From an adverse judgment appellants appealed to the circuit court where the case was tried before the court sitting as a jury and appellee was awarded a like judgment, for reversal of which this appeal is prosecuted.

The judgment of the lower court recites that the cause was heard upon "the testimony of witnesses," and, while the court, in the order overruling motion for new trial, granted appellants 90 days within which to file bill of exceptions, no bill of…