Phillips v. Hood

The plaintiff in this suit recovered a judgment in the county court of Jefferson county, from which an appeal was taken by the defendant to the circuit court of the county, where the judgment was affirmed, and the defendant took the present appeal to this court.

It is objected that the cause was off the docket of the county court from the January term, 1874, to the June term, 1875, whereby the suit was discontinued. Without stopping to examine whether such be the fact,—were it so, the subsequent appearance of both parties in the suit in the circuit court on appeal, without making the…