Hathaway v. Hathaway

Hathaway, for the use of Nethercutt, sued Hathaway upon a promissory note, before a justice of the peace, and, on the 19th day of October, 1849,upon atrial at which both parties were present, judgment was rendered against him.

On the 23d day of October, the parties again appeared before the justice, (the plaintiff having required the defendant, by notice, so to do,) at which time the justice, for cause shown, granted a new trial. A subsequent trial was had and the plaintiff obtained judgment. Upon that judgment the defendant obtained a writ of certiorari and removed the cause to the Circuit…