Mathis v. Bagwell

The error assigned by the plaintiff in error is in the ruling of the judge below, in remanding the cause to the justice’s court and ordering a new trial therein. There was á judgment rendered in the justice’s court in favor of Mathis against the defendants in error. The execution proceeding on the judgment was arrested by affidavit of illegality. The grounds of the illegality were: there was no summons in the case against Eliza Bagwell; the note was barred by the statute of limitations; the judgment was not rendered nor entered up at the regular court-ground of the district, but at the…