Cable v. Smoyer

This was a proceeding commenced before a Justice of the Peace, under “ An act concerning the unlawful detention of lands, and the recovery thereof.” “Approved May 19, 1852.” See 2 R. S., p. 490. Smoyer was the plaintiff below, and Cable the defendant. Before the justice, the defendant obtained a judgment, and the plaintiff appealed. In the Common Pleas, to which the cause was taken by appeal, there was a verdict for the plaintiff. Motion for a new trial denied, and judgment.

The record shows that this cause was tried on the 19th of September, 1860, and that the Court, on that day, upon its…