Harper v. Baker

This was an action commenced in a justices’ court, by J. & S . Baker, against Harper. At the return of the summons it appears that *116Harper made bis appearance, and pleaded that the day named in the summons was not the regular day for holding the courts of the justicc5 and secondly that the notes sued on were not justly due. The trans-script further shows that there was a demurrer to these pleas, which was overruled, and thereupon judgment was entered by the justice against Harper. Upon an appeal to the circuit court, a motion was made to dismiss the cause for the following reasons : That the…