Osborne v. Hughes

Judgment reversed.

Osborne sued out a distress warrant against Hughes, who filed a counter-affidavit. ' In the justice’s court plaintiff had judgment, and defendant appealed to the superior court, giving on the appeal bond the same surety that he had given on the replevy bond. Plaintiff moved *446on this ground to dismiss the appeal. The motion was overruled, and plaintiff excepted.

J. II. Anderson and Payne & Walker, for plaintiff. R. M. W. Glenn, for defendant.