Kemper v. Town of Waverly

Hr. Justice Scholfield

delivered the opinion of the Court:

The only-question arising on this record is, whether the court below properly dismissed the appeal from the justice of the peace because the appeal bond was not filed within the proper time.

“ Appeals for the removal of causes from an inferior to a superior court, for the purpose of obtaining trials de novo, are unknown to the common law, and can only be prosecuted where they are given by statute.” The Schooner, etc. v. Woodworth, 1 Scam. 511.

Our statute prescribes, as a condition precedent to granting an appeal from the judgment of a…