Fowler v. Pixley

Pixley recovered a judgment against Eowler, before a justice, in 1856, and it was appealed to the circuit, where the appeal was several times noticed for hearing. New pleadings were filed, the declaration claiming a cause of action considerably less in amount than the justice's judgment had been rendered for. Erom 1859, till the order appealed from, neither party had noticed the cause. In December, 1871, acting under a circuit court rule, which allowed an appeal to be dismissed if three terms had passed without its being noticed for hearing, the circuit court of Eaton county dismissed the…