Smoke v. Jones

Grates, J.:

Smoke sued Jones before a justice on a promissory note. The case was tried by a jury and they found in favor of Smoke and judgment was entered on the verdict. Jones then removed the case by certiorari to the circuit court, and the judgment was there reversed, and Smoke brought error. When the case went to issue before the justice the note was *on file, but it had been placed there at the time the summons was issued. The first allegation of error in the affidavit is, that the note was not filed at the time of joining issue. This must mean that the act of filing occurred too early.…