Smith v. Davis

On the first day of December, 1876, appellee obtained a judgment before a justice of the peace against appellants. They appealed to the circuit court, and filed an appeal bond, with this condition: “Mow, if the said Martha A. Smith and John C. Smith shall prosecute their appeal with effect, and shall pay whatever judgment may be rendered by the court upon dismissal or trial of said appeal, then--,” etc., which, it will be observed, is in conformity to the requirements of the statute of 1845. The 62d section of chap. 79, entitled “ Justices.and Constables,” (Rev. Stat. 1874, p. 647,) gives…