Kain v. Gradon

J£ain sued Gradon and Sawyer before a justice of the peace and recovered judgment against them. One of the defendants, Gradon, prayed an appeal to the Circuit Court which was granted to him. In the Circuit Court, the plaintiff moved to dismiss the appeal because it was taken by one of the defendants only. The motion was accompanied by an affidavit stating that Sawyer was living and resided in the neighborhood. The Court overruled the motion, proceeded to try the cause, and gave judgment for the defendants.

The Circuit Court erred in overruling the motion to dismiss the appeal. There is no…