Dews v. Eastham

Judges Catron and Peck,

delivered their opinions seria-tim, as follows :*

Catron, Judge. 1. The debt was due when suit was brought. It is an acknowledgment of a subsisting debt, viz: “due John Dew twelve dollars and fifty cents, value received,” &c.

2. This court does not interfere with the courts below in matters of practice, unless plain rules of proceeding are clearly violated. We think this far from being the case in granting the writ of certiorari in this cause. According to the petition, and which must be taken as true, the petitioners had merits. They also set out sufficient reasons why…