Danvers v. Durkin

This is an action of forcible entry and detain-er, in which the plaintiff and respondent, after trial in the justice’s court, obtained judgment against the defendant and appellant for restitution of property. From this judgment the defendant appealed to the circuit court. In that court, the plaintiff moved to dismiss the appeal, which was granted, and this appeal is from the order of dismissal entered therein. The order of dismissal in the court below was based on the grounds (1) want of sufficient undertaking for costs of appeal, and (2) want of a sufficient undertaking for double the rental…