Goetz v. Koehler

In this case Jacob Koehler brought suit against Beinliold Goetz and Gustav Stade, before a justice of the peace, where a trial was had and a judgment rendered in favor of the plaintiff for $200 and costs. The defendants thereupon took an appeal to the superior court by filing their appeal bond in the office of the clerk of that court. Afterward, at the June term, 1886, of said court, said cause was called for trial, and neither party appearing, the appeal was dismissed at the defendants’ costs for want of prosecution, with ten per cent, damages for delay, and a procedendo was awarded to the…