Perry v. Block

Pettibone, J.,.delivered the opinion of ther Court.

This is an action brought before a Justice of' the Peace, by Perry, against Block, Stimner and Racine, for digging ore on land claimed by Perry. Judgment, before *343the Justice of the Peace, for the plaintiff. Block, one of the defendants, appealed to the Circuit Court of Washington county. The plaintiff moved the Courl to dismiss the appeal, because only one defendant had appealed. The Court dismissed the appeal, on this motion, and afterwards set aside the entry which had been made, on the motion to dismiss the appeal, and overruled the motion…