Smith v. Emerson

Emerson sued Smith before a justice of the peace, in an action of replevin for a wagon. Afterward, on motion of the plaintiff, and, as we suppose from the statements in the record, on an additional affidavit being filed, Ivers was made a co-defendant. The parties appeared before the justice, and went to trial without any objection, on the part of either of the defendants, to the affidavits or otherwise. Before the justice, the plaintiff had judgment, and the defendants appealed. In the Common Pleas, Ivers moved to dismiss the cause as to him. This motion was correctly overruled. No ground of…