Digges & Garanflo v. Phillips

Plaintiffs commenced this action before a justice of the peace in New Madrid county, filing there a statement of account in which they charge defendant as indebted to them on two items, one for $57.80, the other for $43.95, on his share of the cost of constructing two ditches, plaintiffs suing’ in their partnership name of Digges & G-aranflo. Defendant appeared at the return day of the writ and the cause was continued to a day named, hut on that day defendant not appearing, judgment went against him by default for $100.75 and costs. In due time defendant appealed to the circnit court of New…