Scott v. Aaron

McMurray, Presiding Judge.

Plaintiff Aaron filed this action in the magistrate court alleging that defendant Scott was indebted to him due to damage to a truck. Defendant answered and filed a counterclaim. After a trial before the magistrate, a judgment in favor of plaintiff was entered.

Defendant appealed to the state court where on April 5, 1995, an order was entered which stated in part: “This civil action being called in its regular order, and there being no response by the plaintiff or defendant, the same is hereby dismissed for want of prosecution. -Appeal. . .” The word “appeal” and the…