Barr v. Fleming

The opinion of the court was delivered by

DrxoN, J.

The plaintiff below, having obtained a judgment against the defendant in a Court for the Trial of Small Causes, had it docketed in the Middlesex Common Pleas, and the defendant now insists that the docketing is illegal. The only ground specified in the reasons filed or referred to in the briefs of counsel, for this contention, is that the statement of thé justice does not set forth the date of the issue and return of execution nor in terms allege that no execution had been issued.

The pertinent statutes are the seventy-second section of the…