This case is disposed of by Anderson v. White, ante, p. 130, decided at the present term, the only difference being that the action in this case was brought in justice’s court, while the other was in the circuit. There is no statute permitting in justices’ courts the course of practice adopted in this case.
The judgment of the circuit reversing the judgment rendered in the justice’s court must be affirmed with costs.
The other Justices-concurred.