Markham v. W. H. Hicks & Co.

This appeal cannot be entertained by this court. It purports to be a case brought up by appeal from a justice’s court to the superior court. Bui there is no record to show that the case was ever constituted in either court. In fact, there is not the semblance of any kind of record.

The case, as presented here, is constituted entirely of two statements of the case on appeal, one signed by counsel, and the other by the judge, and a copy of the open account upon which the action is alleged to have been brought. That is all.

The cases on appeal state that the statute of limitations was relied on by…