Bennett v. Libhart

Libhart sued Bennett before a justice of the peace, and declared on a judgment rendered in his favor before another justice of the peace. Bennett pleaded the general issue. When the cause came on for trial, Libhart produced the docket containing the entry of the judgment on which he claimed to recover, and it was received in evidence by consent. The judgment, however, purported to be in favor of H. V. Libhart, and there was no averment in the declaration that the plaintiff was known by that name, or that such judgment was rendered in favor of the plaintiff by that name, nor was any evidence…