
    Porter vs. Wheaton.
    A warranted B before a justice of tHe peace: B produced' ail account larger than A, as a set off, which was allowed by the justice. A applied for a certiorari, and stated in his petition',' as a reason why he did not appeal, that he had no notice of the time and place of trial, nor did he know of the cross claim intended to be set up by B: Held, that this statement was insufficient to authorize the certiorari.
    
    Porter warranted Wheaton. On the trial, Wheaton's account was the larger by three dollars eighteen cents. The justice gave judgment for the amount for defendant.
    This occurred 18th May, 1827. On the 6th June, Porter applied to two justices to bring the cause into the county court. He states in his petition as an excuse for not appealing, that he had no notice of the time and place of trial; nor did he know of the cross claim intended to be set up by Wheaton, and did not attend.
    The county court on motion, dismissed the certiorari, from which order Porter prosecuted an appeal in the nature of a writ of error, to the circuit court, where the judgment was reversed, and the cause set down to be tried on its merits in the circuit court.
    
      Collinsworth, for the plaintiff in error.
    
      R. C, Foster, for the defendant in error.
   Catron, Ch. J.

delivered the opinion of the court.

Was the foregoing excuse for not prosecuting the ordinary remedy by appeal, sufficient? The great object is not to incur ruinous costs in litigating small matters; wherefore the parties must be compelled to appear before the justices and there end the controversy. Were this party permitted to say he did not know the time and place of trial when he was plaintiff, and make this an excuse for heaping on Wheaton the costs of court, it is difficult to conceive an excuse not sufficient to bring up the cause by certiorari. We deem the excuse offered for not attending the trial, investigating Wheaton’s cross demand, and appealing if plaintiff was injured, wholly insufficient. Reverse the judgment of the circuit court, and affirm that of the county court.

Judgment reversed.  