Rawalt v. Brewer

This case was decided by this court in November, 1883, the judgment of the court below being affirmed. A rehearing was granted and the cause again submitted.

It appears from the record that in January, 1883, the plaintiff brought an action against the defendant before a justice of the peace to recover the sum of $61.25 and interest on a promissory note. On the return day of the summons, both parties being present, the defendant filed a bill of particulars of his set-off. The plaintiff then filed an affidavit for a continuance, which the justice did not consider sufficient, and therefore…