Budd v. Wagner

This writ of error is brought by defendant, Joseph Wagner, Sr., to secure the reversal of a judgment against him in favor of Sherman Budd for the amount of $141.10.

Defendant has brought to this court only the common-law record. The matter was heard in the circuit court upon appeal from a judgment of a justice of the peace in favor of Budd and against Wagner, Sr., for a like amount.

It appears from the transcript of the justice that Budd sued Wagner, Sr., and Wagner, Jr., copartners trading as the Wagner Dairy; that a summons issued and was returned served on Wagner, Sr., and not found as to…