Lyman v. Williams

Williams sued Lyman before a justice of the peace, and upon the trial there was a judgment for defendant. Within twenty days thereafter a bond was filed with the justice, purporting to be an appeal bond in said cause upon an appeal by the plaintiff, but it was executed by sureties only and not by the plaintiff. The justice approved the bond and transmitted the papers to the Circuit Court. In the Circuit Court the cause proceeded to a jury trial, verdict and judgment for plaintiff, without defendant having appeared. Thereafter, at the same term, defendant appeared and moved to vacate the…