Whelpley v. Nash

Nash, having recovered before a justice of the peace, sued the judgment over before another justice who-gave judgment in his favor, and Whelpley took the cause by cerbiora/ri to the circuit court, where the determination made by the justice was affirmed. Whelpley brought error.

Complaint is made that the declaration was too general. We are inclined to think it was sufficient, but, admitting that, it lacked legal certainty, the objection is unwarranted. The defendant was present and pleaded to the merits without suggesting any dissatisfaction with the declaration, and, as. we are satisfied it…