Smith v. White

Beannon, Judge:

D. A. Smith brought an action against H. E. White before a justice of Tucker county. The summons commanded the *473defendant to answer in a civil action for money “due for damages for a wrong in which the plaintiff will demand judgment for $300 with interest and costs according to law.” The plaintiff having recovered before the justice the case went by appeal to the circuit court, where the plaintiff recovered verdict and judgment, and the 'defendant appeals the case here.

The plaintiff says that we cannot look into the evidence, as the bill of exceptions does not identify it. We…