Payne v. Rodden

OPINIÓN of the Court, by

Judge Owsley.

This writ of error is brought to reverse a judgment recovered by the present defendant in an action prosecuted by him against the plaintiff in the court below. The judgment was obtained upon a verdict, after a fair trial upon the merits ; and as the assignment of errors questions the sufficiency of the declaration, it becomes necessary only to inquire whether it contains substantially a good cause of action ?

Tiie declaration, although very informal, may be said to set forth, as the grounds of the action, in substance, “ that in consideration of $93 paid by…