Palmer v. Kansas City, St. Jo. & Council Bluffs R. R.

The foregoing cases all turn upon the same (joint and are therefore considered together. They all originated before a justice of the peace where judgments by default had been rendered, and the defendant filed motions before the justice iu due time, to set aside the default, but did not pay or offer to pay the costs. The justice of the peace overruled these motions and the defendant appealed to the Circuit Court.

In the Circuit Court the plaintiffs filed motions to dismiss the appeals, upon the alleged ground that the defendant had not paid or offered to pay the costs in the justice’s court…