McKensie v. Pitner

Hemphill, Ch. J.

The petition for certiorari alleges, in substance, that the plaintiff sold a mule to the defendant William Pitner, and David P. Brown, the deceased intestate of the defendant Taylor Brown, for the sum of ninety-three dollars and fifty cents, for which they gave their note payable on the 25th Dec., 1853 ; that having refused to pay said note when it became due, he instituted suit for its recovery, before William 0. Kelly, a Justice of the Peace, which was tried on 4th March, 1854, and judgment given against the plaintiff; that the defendants pleaded and attempted to prove…