Neil v. Dillon

Neil and Ferguson sued Dillon before a Justice of the Peace, and judgment was given against them. They appealed to the Circuit Court, and on motion of the appellee the cause was dismissed.

The appellee moved the Circuit Court to dismiss the appeal for the following reasons:

First. Because the note on file was not served on the defendant with the summons, nor did it go out with the summons.

Second. Because said note on file is made payable to John Ferguson, and the suit and proceedings are in the name of the executors of John Ferguson, sen’r.

The act to establish Justices’ Courts, provides that in…