Duane v. Richardson

This is an action of replevin commenced before a Justice of the Peace. It comes to this Court by appeal of the plaintiffs from a judgment against them in favor of the defendants, dismissing their suit.

A motion is made in this Court to dismiss the appeal upon the ground that the cause was tried before the Court and a jury and oral evidence was introduced, and the jury was charged by the Court, but no bill of exceptions was made, as appears in the transcript setting out the evidence and charge.

This motion is not well made, and is overruled. A party may appeal from the decision of the Court…