Downing v. Garner

This was an action of debt, brought by Downing against Garner before a Justice of the Peace. The trial was by jury; verdict and judgment thereon for $4 42, in favor of the plaintiff Some days after the trial, Garner applied to the Justice for a new trial. It was allowed, and loolc place at some distance of time. Judgment was, on the last trial, given against Garner for $13 35, and he appealed to the Circuit Court, where a judgment was given in Garner’s favor for $3 17 1-2. Downing moved in arrest of judgment, assigning for reason, that the Justice of the Peace had no right to grant a new…