Jamison v. Yates

* Opinion of the Courts delivered by

Scott, Judge.

This was an action commenced in a justices’ court against Jamison, where judgment was rendered against *572him, from which he appealed to the circuit court. The circuit court on motion dismissed the appeal, because the affidavit filed at the time of praying it was deemed insufficient.

The affidavit required to be made by the party appeal mg from the judgment of a Justice of the Peace, may be filed in the circuit eouz-t, after a motion to dismiss is made.

Prior to the late revision of the statutes, it was held, that an omission to file an affidavit…