Kluck v. Murphy

This is error to review the decision of the circuit court reversing a judgment of a justice of the peace. The error alleged is that the docket entry of the justice failed to show a declaration by the plaintiff. The defendant did not appear before the justice. The statute (2 How. Stat. § 7053) provides that every justice of the peace shall keep a docket, in which he shall enter a concise statement of the declaration of the plaintiff and the plea of the defendant when the pleadings are oral. The plaintiff contends that the justice’s return shows that pleadings were filed. The justice’s return…