Ellebarger v. Swiggett

This was an action instituted before a justice of the peace by the appellees against the appellant, to recover the value of goods, wares, and merchandise sold and delivered by the former to the latter.

Before the justice there was a judgment by default against the appellant for $43.60 and costs.

Upon appeal to the circuit court by the appellant, there was a trial by jury, with a verdict and judgment for the appellees in the sum of $50.50.

A motion for a new trial was made by the appellant, which was overruled by the court and an exception saved. The overruling of this motion is assigned as error…