Lewellyn v. Ellis

KEY, Associate Justice.

This suit originated in a Justice of the Peace Court and was appealed to the County Court. The transcript reached the latter court March 22, 1906. Thereafter the case was continued by the defendants, who had appealed it from the Justice’s Court, at each term until the April term, 1907. At that time the case was called for trial and the plaintiff, after announcing ready for trial, filed and-presented a motion to dismiss the appeal upon the ground that the appeal bond did not obligate the makers thereof to pay any sum. That motion was sustained, whereupon two of the three…