Modisett v. Dayton

'The appeal in this case was obtained by the plaintiff from a judgment in his favor for debt against the defendants, in the circuit court of Barbour county, on the 19th of November 1867. The appeal was granted, on the petition of the plaintiff, on the 19th' day of November 1872, by Judge Maxwell, then one of the Judges of this Court, evidently under the provisions of the 10th section of chapter 135 of the Code of 1868 of this State. The record of the cause was not filed with the clerk of this Court until the 22d day of January 1873; and the writ was issued by the clerk of this Court, on the…