Holt v. Varner

Varner broughfian action before a justice of the peace, The trial took place on the 28th of October, and there was a judgment against Holt; on the 8th of November, *387he appealed to the justice, and obtained an appeal; when the cause came to the circuit court, the court dismissed the cause, because the appeal was not taken in time.

It is no excuse for failing to take an appeal before a justice within the ten days allowed by law, that the justice was from home during the time, unless it could be made to appear that he was absent during the entire ten days, and that that wasMhe sole cause of the…