Bender Bros. v. Lockett

Willie, Chief Justice.

This was an appeal from a justice’s court to the district court of Marion county. Ho objection was made in the district court to the manner in which the appeal was taken and perfected. It appears, however, that, after the cause had been regularly docketed in the district court, the papers were lost; and the plaintiff, who had recovered in the justice’s court, asked leave of the district judge to substitute. This leave was granted and the cause continued to the next term. Instead of substituting the papers,^"the plaintiff, at the next term, declined to do so, and…