Morgan v. Prior

Prior instituted a suit in a justice’s court against Morgan, on a promissory note without conditions. A judgment having been rendered in favor of the plaintiff by the justice of the peace, the defendant appealed to the superior court. When the case was called there the defendant filed a written plea which the plaintiff moved to strike, because no defense had been filed at the first term of the justice’s court to which the suit was originally made returnable. The defendant traversed the truth of this ground of the motion to strike the plea; and it appears from the evidence of the defendant…