Warfield v. Ivey

Warner, Chief Justice.

It appears from the bill of exceptions in this case, that the plaintiff sued the defendant in a justice court on a promissory note for $60,00 ; that from the date of the summons to the time appointed for the trial of the case was only nineteen days. The defendant appeared and pleaded to the *604merits of the case, but filed no other plea. The justice rendered judgment against the defendant, who entered an appeal to the superior court. When the case was called for trial on the appeal, the defendant made a motion to dismiss it, on the ground that the suit in the justice court…