Tucker v. Makepeace

, Per Cwriam.

An affidavit was filed by Tucker, alleging that in October, 1857, on the day he was about starting to remove from the state, a summons was served on him at the suit of Makepeace; that he was informed at the time that only about 10 dollars was claimed (he does not state who informed him); that he owed Makepeace a note of some 10 dollars, and supposed it was that for which suit was brought; but having made arrangements to pay that, and knowing that he did not owe him any other sum, and it being some distance to the office of the justice, he continued on his journey, and went out,…