Carter v. Pitts

1. To a suit in a justice’s court upon an open account the defendant filed a plea denying indebtedness, and claiming a reduction by one fourth of the amount of the account, because of the failure of the plaintiff to have his weights and measures tested in accordance *793with law. The plaintiff proved his account, but it was also proved that his weights and measures had not been tested. The verdict was for the plaintiff, without reduction. Thus was the case presented to the judge of the superior court upon certiorari. Upon consideration, the judge sustained the certiorari to the extent of reducing…