State v. Eckert

Parker, J. (dissenting)

I am unable to concur in the foregoing opinion. I think the defendant has, by the plain terms of the constitution, the right of appeal ; and that his right of appeal under our statutes means his right to have the case disposed of upon the merits in the superior court. Under our statutes, §§ 1914, 1919, Rem. Comp. Stat., an appeal from a justice court to a superior court does not bring the case into the superior court for the purpose of reviewing claims of error committed by the justice court, with a view of determining whether the judgment rendered by the justice court…