Case # 8
Augustus Collins, Anson Collins
John Waggoner
Madison County
Justice Thomas Reynolds
Waggoner sued Collins and Collins for trespass in Madison County Circuit Court who found in favor of Waggoner. Waggoner cited an earlier case in the Justice of the Peace involving Constable McMahon in his replication of this case. Collins appealed to the Supreme Court stating Waggoner's replication was in error by mentioning Constable McMahon in his replication and not in his declaration. The Supreme Court reversed the Circuit Court's decision stating that if the replication departs from the declation, it is in error.