McGehee v. Carroll & Jones

Walker, J.:

Carroll & Jones recovered judgment against McGehee before a justice of the peace, who took an appeal to the Circuit Court.

By sec. 2825, Ch. 32, Gantt’s Digest, the justice from whose judgment the appeal is taken, is required on or before the first day of the Circuit Court next after the appeal shall have been allowed, to file in the office of the clerk of such court a transcript of the records and papers in the case.

The Circuit Court next after the time when the appeal was taken, was the May term, 1876. It seems that the transcript was by the justice delivered to the clerk of said…