Sweeney v. Russell

Plaintiff brought suit in the justice of the peace court of Ray G. Cowan, and the venue thereof was, upon the application of defendants, changed to the justice of the peace court of M.H. Joyce who rendered judgment for the amount sued for in favor of plaintiff and against defendants. The defendants appealed therefrom to the circuit court.

Notice of the appeal was not served on plaintiff, and he, in due and proper time, filed motion to affirm the judgment of the justice on account of such failure. While that motion was pending defendants filed motion to strike plaintiff's said motion and to…