Lawler v. Gordon

In this case an action was brought in the county court, and on a trial plaintiff recovered a judgment for $480. Defendant thereupon appealed to the circuit court. The case stood on the docket of that court until the 20th day of November, 1876, when the appeal was dismissed for want of prosecution. On the 28th of the same month defendant entered a motion to set aside the order dismissing the appeal, which was overruled by the court, and defendant prosecutes this writ of error.

The affidavit on which this motion was based fails to show any kind of diligence. Appellant stated in his affidavit…