Foreman v. Gregory

Hemphill, Ch. J.

The appellee, Gregory, sued the appellant, Foreman, before a Justice, to recover an account. The plaintiff before the Justice, viz : Gregory, recovered judgment for thirty-nine dollars. The defendant Foreman removed the cause, by certiorari, to the District Court, and the plaintiff again had judgment, but for a less amount than before the Justice—being only for nineteen dollars and twenty-five cents; and he also had judgment for all the costs expended in both Courts.

Several errors are assigned. Those deemed material are—

1st. The refusal to dismiss, on motion, the cause, for…