Durham v. Cantrell

Cantrell sued Durham in a justice’s court upon an open account. Judgment was rendered by the justice against the defendant, and on appeal to a jury in that court a verdict was rendered for the plaintiff. The defendant took the case to the superior court by certiorari, alleging that the verdict was contrary to law and evidence, and assigning as error alleged conduct and rulings of the justice, which the justice denied in his answer. The judge of the superior court, after hearing the case, ordered that the plaintiff write off from the judgment the value of one pair of sad-irons, and, upon this…