Canal Street Gravel-Road Co. v. Paas

This action was commenced in justice’s court to recover a penalty under the provisions of section 3642, How. Stat'. .Plaintiff - had judgment, and defendant appealed to the circuit court for Kent county, where the cause was tried before a jury, and verdict and judgment given in favor of the plaintiff.

The declaration in justice’s court was oral, on the common counts in assumpsit, and specially for the penalty mentioned in the statute above cited. Upon the trial in the circuit, defendant objected to any evidence under the declaration. Plaintiff, on motion, wafe permitted to amend its…