Matlock v. King

The plaintiff below recovered a judgment against the defendant before a justice of the peaee. The defendant appealed to the Circuit Court. In the Circuit Court, the plaintiff (appellee) obtained a rule on the justice to perfect the transcript, which the justice did by entering a formal judgment on the verdict. The appellant, the defendant below, moved to dismiss the plaintiff’s suit, as appears by the bill of exceptions. This motion was sustained and the suit dismissed. The plaintiff excepted, and brings the case here.

It was error for the court to dismiss the plaintiff’s suit. When the appeal…