Barrett & Carswell v. Devine

Warner, Chif Justice.

The plaintiffs sued the defendant in a justice court on a note given for a fertilizer known as the “ Carolina.” The defendant pleaded that saM fertilizer was worthless, and not reasonably suited to the purpose for which it was purchased. On the trial in the justice court, judgment was rendered for the plaintiffs. The defendant sued out a certiorari and brought the case before the superior court, which court, after considering the justice’s return thereto, sustained the certiorari and ordered a new trial, on the ground stated in the order, whereupon the defendant in…