Rhodes v. Mummery

This was an action commenced before a justice of the peace, by the appellee against the appellant, on the following cause of action:

“ Robert Mummery complains of James Rhodes, and says that he is justly indebted to him in the sum of forty dollars for building and repairing forty rods of fence.”

There having been judgment rendered for the plaintiff before the justice of the peace, the defendant appealed to the common pleas, where he moved the court to dismiss the case for the want of a sufficient cause of action. This motion was overruled, and the cause was tried by the court, and there was…