Hughes v. Wheat

English, Ch. J.:

A. J. Wheat sued W. P. Hughes before a justice of the peace of Jefferson County on an open account for $40.

The cause was tried (on change of venue) before Justice Benjamin F. Fall on the 20th December, 1875; a set off for $10 was ■ allowed defendant, and judgment rendered in favor of plaintiff 'for $30.

On the 24th of December, 1875, the defendant prayed an appeal to the Circuit Court, and, upon filing an affidavit, and executing a stay bond, the appeal was granted.

The stay bond appears to have been approved by the justice on the day of the granting of the appeal, but was not…