Davies v. Apperson

Mr. Presiding Justice Smith

delivered the opinion of the court.

This suit in attachment was brought before a justice of the peace and judgment was recovered by the plaintiff against the defendant for $63 and costs. The defendant Apperson perfected an appeal to the Superior Court. On November 6, 1907, the case having been reached on the call of the calendar, was called for trial, and on motion of the plaintiff’s attorney it was ordered that the case be submitted to the court for trial without a jury; and thereupon the evidence was heard by the court which found the issues in assumpsit and in the…