Ohio & Mississippi Railway Co. v. Hardy

Suit commenced, before a justice of the peace, by the appellee, against the appellant, to recover the value of a cow killed by the latter.

Judgment before the justice, for the appellee. Appeal to the circuit court.

In that court the appellee, plaintiff below, filed a motion, as follows:

“ The plaintiff moves to dismiss the appeal in this case, because no appeal bond was filed before the justice, or approved by him.

“2. Because the paper among the files, purporting tobe an appeal bond, is signed by Samuel S. Crowe and Charles L. Jewett, as security, and by no other persons, as securities; that…