Foust v. Hannah

ASSUMPSIT, commenced, October 3d, 1845, before a justice of the peace, upon a promissory note for 30 dollars, dated October 8, 1832, and payable, for value received, four months after date — “ to be paid by making a bee-house.”

A plea was put in, which, as the magistrate supposed, raised a question upon the title to real estate, and the cause was accordingly certified, under the statute, to the Circuit Court.

As the case originated before a justice of the peace, the general issue must be considered as filed. The cause was submitted to a jury, and the only evidence given on its trial was the…