Samuels v. Briscoe

Suit was brought in a justice’s court by attachment for the purchase money of a mule. Plaintiff obtained judgment of the justice for $95 with interest and cost. Defendant carried the case to the superior court by certiorari, alleging that the justice erred, in sustaining plaintiff’s motion to strike the plea that the vendor’s purchase money debt had been satisfied; in giving judgment for plaintiff, contrary to law and evidence, in that the testimony of defendant of a former suit was received without objection, and yet judgment was given for plaintiff; in giving judgment for plaintiff,…