Gumberts v. Adams Express Co.

— Gumberts sued the Express Company before a justice of the peace and recovered a judgment on the 18th of April, 1865. Within thirty days from that date, the appellee prayed an appeal to the court below, and filed an appeal bond *182which was approved by the justice. At the April term, 18G5, of the Vanderburgh Circuit Court, upon an affidavit filed on the part of the appellee stating these facts, and that the justice had failed to certify and transmit the transcript; that ho had left the State, and that his docket had been deposited with one Stinson, a justice of the peace, the court allowed the…