James ex rel. Stewart v. Robinson

This was an action commenced by the plaintiff in error against the defendant in error, before a Justice of the Peace, in which the plaintiff recovered a judgment, from which the defendant prayed an appeal on the day of trial to the Circuit Court; which, for causes stated in the record, (hut which need not be here enumerated,) was not taken until after the expiration of the time prescribed in the statute for the taking appeals. In the Circuit Court a motion was made to dismiss the appeal, which was overruled; and on the trial in said Court, the plaintiff offered in evidence to support his…