Munday v. Clements

This was an action commenced before a justice of the peace on a promissory note, for the sum of seventy-five dollars.

Defendant filed a note in off-set in the Justice’s Court and had a verdict in his favor; whereupon plaintiff appealed to the Circuit Court, and on a trial in that court there was a verdict and judgment in his behalf. In the Circuit Court defendant moved to dismiss the appeal from the Justice’s Court because there was no final judgment from which an appeal could be taken, and because the affidavit was defective.

Both of these motions were overruled. It is now insisted that this…