Baier v. Humpall

This is an action of replevin commenced before a justice of the peace. On the trial of the cause the justice rendered judgment in favor of the defendant. The plaintiff then appealed to the district court, where, on motion of the defendant, the appeal was dismissed, the grounds of the motion being that the plaintiff “failed, neglected, and refused to interpose his defense in the court below, as is shown by ■the transcript.” The motion was sustained and the cause dismissed. . This is assigned for error in this court.

The docket entry, so far as it relates to appearance of the parties, is as…