Spencer v. Dixie Finance Co.

The sole question involved in this case is whether or not it is necessary for the one cast in a lawsuit before the General Sessions Judge to pray and be granted an appeal by the General Sessions Judge before the appeal is valid, and the Circuit Court, where the case is appealed to, must try it on its merits.

The defendant in error sued the plaintiff in error on a note in the General Sessions Court and was awarded a judgment by that court on September 17, 1958. On September 19,1958, the defendant filed with the Clerk of the General Sessions Court a pauper’s oath in lieu of an appeal bond in…