Bender v. Bigley

POFEENBARGBR, JUDGE:

The plaintiff in error here, after two adverse verdicts in an action before a justice of the peace, one in a new trial obtained by him, took an appeal to the circuit court, and that court, on the motion of the plaintiff in the action, dismissed the appeal, under the impression that the defendant’s-right of litigation had ended with the second trial in the justice’s court.

No doubt the legislature could have made the exercise of his privilege of a new trial in the justice’s court a waiver, by election, of his right of appeal, but no manifestation of such intent is found in…