Blake v. Downey

Ewing, Judge,

delivered tbe opinion of the Court.

This action was brought before a Justice of the Peace on an *438account for money paid by plaintiff as defendant’s surety on a note executed by them to one Dale. The account or statement alleges the recovery of a judgment against the plaintiff on the note for a balance due, and payment by him of such balance, being with costs ninety-three and 94-100 dollars. There was a judgment for defendant in the Justice’s court, from which plaintiff took an appeal to the circuit court. Defendant Downey appeared for the purpose of moving to dismiss the cause for…