Frazer v. Smith

Smith sued Frazer before a justice of the peace, and, on tbe 18th of November, 1840, obtained a judgment. There is a statement on the justice’s docket, after the entry of the judgment, as follows: “ On the 20th of November, 1840, comes the defendant and files an appeal-bond, but does not ask for an appeal until he further considers the matter.” On the 2d of March, 1841, the justice, at the request of the defendant’s attorney, sent up to the Circuit Court a transcript of the judgment. The Court, on the plaintiff’s motion, ruled the defendant to show cause why the appeal should not be…