Harris v. Powell

— This action was begun before a justice for a medical bill for $37. Before the trial, defendant tendered $10.95, being $7 admitted to be due, and $3.95 costs at time of tender. This was refused by plaintiff who recovered judgment before another justice on change of venue, and subsequently on appeal recovered judgment in the circuit court. Plaintiff also refused to accept the tender in the circuit court. From this judgment defendant appeals.

On the trial in the circuit court there was an application for continuance on account of an absent witness. It, however, failed to show any reason for not…