Hughes v. Hays

Opinion of the court delivered by

Tompkins J.*

Hays sued Hughes, before a justice of the peace, and having obtained judgment, Hughes appealed to the cir-court. In that court his appeal was dismissed, and to reverse the judgment of the circuit court, he brings his cause by writ of error to this court. Hughes, it appears, *Rd'not take his appeal from the justice on the day of trial. , He produced a witness in the circuit court, who testified that more than ten days before the first day of said oourt, he had served on Hays a notice signed by Hughes, that an appeal had been taken from the judgment…