Marquette & Pacific Rolling Mill Co. v. Morgan

Morgan sued the Bolling Mill company to recover the amount of a seven dollar order drawn by the company, payable in goods at the store of Mead & Co. to Joseph Bunch or bearer. The summons was properly served, but the company did not appear on the return day, and the plaintiff proved his case to the satisfaction of the justice and took judgment. Defendant then removed the case to the circuit court by certiorari, where it was affirmed. It is now before us on writ of error.

The errors assigned by the affidavit for certiorari were that the plaintiff’s evidence before the justice was not sufficient…