McDowell v. Town

This was an action, brought before a justice of the peace, by Daniel and Asher Townsend, for the use of Warren and Zera Town, and against James McDowell, appellant. A trial before the justice resulted in a judgment against defendant, and he appealed to the circuit court. When the case was reached for trial, and after a jury was impaneled, but before any evidence was heard, plaintiffs moved the court for leave to strike out the names of the Townsends as plaintiffs, and to permit the suit to progress in the names of Warren and Zera Town, as plaintiffs, which was allowed by the court, and…