Hodges & Daniel v. Rogers

An action upon a draft was brought by Rogers in a justice’s court against Hodges & Daniel, an alleged partnership, and the individual members thereof. The case was not tried at the first term of that court, but was continued. At the next term a defense was interposed, and the magistrate rendered a judgment with which the plaintiff was dissatisfied, and he entered an appeal to the superior court. After the case reached that court, and some time before it was tried therein, Hodges, one of the defendants, filed in the clerk’s office an answer in which he set up a good defense to the plaintiff’s…