Mead v. Raymond

This suit was instituted by the voluntary appearance of Mead and Raymond before a justice of the peace, pursuant to the statute. ,,Comp. L. § 5258. [How. Stat. § 6823.] A formal declaration with two counts was immediately filed, to which the defendant pleaded the general issue. The cause of action was a false warranty, and the action was in tort. The declaration described the sale of a horse by defendant to the plaintiff, and averred that the defendant falsely warranted that the horse was sound. The form of action is familiar. Carter v Glass 44 Mich. 154, and cases; Humiston v. Smith 22 Conn.…