Sarchet v. Phillips

An action by defendant in error, plaintiff at trial, against plaintiff in error, defendant at trial, for money had and received, as said, for plaintiff’s use. Recovery was adjudged.

It appears that defendant was a justice of the peace; that November 5,1937, on a note dated January 15, 1937, given by plaintiff, “suit was brought” before defendant, as he alleges, or the note was “filed’ ’ with him, as plaintiff alleges, and formally docketed by the justice as a case pending in his court; that summons was not issued in the matter, but simultaneously with such docketing, a member of the Colorado…