Hempstead v. Darby

Darby sued Hempstead before a Justice of the Peace, and had a judgment. On the day of trial Hempstead gave notice of an appeal. The day of trial was on the 19th day of January, 3828, and on the 26th day of the same month he asked an appeal, which was granted and bond given on the same day.

The Circuit Court dismissed the cause from the docket for want of notice. The act of 21st of February, 1825, provides that in all cases of an appeal, not prayed for on the day of trial, the party appealing shall notify, in writing, the opposite party ox his agent, &c. The defendant could not properly call…