Steward v. Renner

Opinion by

Porter, J.,

This case came into the court below upon appeal from the judgment of a justice of the peace. The transcript of the proceedings before the justice, as printed in the record, does not disclose whether the form of the action was trespass, debt or assumpsit; it merely shows that the claim of the plaintiff was for damages to a certain tractor. It is not necessary to inquire whether the record of the proceedings before the justice was so defective that the judgment might have been reversed on certiorari, for the defendant having proceeded by appeal must be presumed to have…