Phillips v. Waterhouse

Waterhouse sued Phillips by attachment on a bond in replevin previously made to him by Phillips and one Catharine Woodell in a suit by the latter, against Waterhouse in justice’s court. In this action on the bond, which was also in justice’s court, Waterhouse recovered, and the circuit court affirmed the judgment on certiorari. Phillips then brought error. Several questions are mooted in the record which will not be noticed. It will be sufficient to refer to a single point.

The return of the justice shows what evidence he had before him and all of it, and it thence appears that no judgment was…