Hamilton v. Jennison

Kelator was party to a suit before a justice of the peace, and judgment was given against her. She appealed to the circuit court, or attempted to do so, and to that end filed with the justice an appeal bond and what purported to be the statutory affidavit. As matter of fact, however, oath was never made to the affidavit. The justice made return to the circuit court, and the appellee appeared in that court and noticed the case for trial. Subsequently he moved to dismiss the appeal for want of jurisdiction; the defect pointed out being that there was no affidavit for appeal. The circuit judge…