M'Cormick v. Maxwell

This was an action of assumpsit commenced before a justice of the peace. The defendant in the original suit, M’Cortnick, pleaded to the jurisdiction of the justice without verifying his plea by oath. No objection, however, was made to the plea on that account. The justice rendered judgment against him, and he appealed to the Circuit Court, *169The parties appeared there, and the defendant, on the calling of the cause for trial, proceeded to prove the facts the justice of jurisdiction, without any exception being taken to the plea for the want of an oath of verification. He proved, according to…