Bruner v. Dyball

Mr. Chife Justice Walker

delivered the opinion of the Court:

It appears from this record, that appellant, on the 21st day of October, 1865, sued out a writ of replevin from a justice of the peace, for the recovery of a sewing machine. It also appears, that he, on the day set for the trial, went to appellee, and informed her that the suit had gone against her, and that he had the costs to pay. It seems that he then went before the justice of the peace and had the suit dismissed, and paid the costs. Afterward, on the 30th of October, 1865, appellee sued out a writ of replevin from the Superior…