Smith v. St. Louis, Kansas City & Northern, Railroad

This was an action brought before a justice of the peace, for killing cattle belonging to the plaintiff.

*339The defendant failed to appear before tbe justice, and a judgment by default was rendered, and made final, in favor of tbe plaintiff, and against tbe defendant.

Tbe defendant afterwards, without moving to set aside the default, took an appeal to the Common Pleas.

In the Common Pleas Court, the defendant filed a motion to dismiss plaintiff’s sirit upon the alleged ground, that the statement of his case was not sufficient, and that the justice had no jurisdiction.

The plaintiff also filed a…