De Leuw v. Carrigan

The appellee sued the appellant before a justice of the peace upon a promissory note. The appellant did not appear before the justice and a judgment was entered; against him for the amount due on the note. From this judgment an appeal was prosecuted by appellant by filing an appeal bond in the office of the clerk of the circuit court. Supersedeas and summons for appellee were issued and returned served, and a transcript from the docket of the justice was duly filed in the circuit court more than ten days before the first day of the next term.

The bill of exceptions recites that in the circuit…