Boren v. Welty

Opinion of the court delivered by

McGirk J.*

Weity brought an action before a justice of the peace, against the defendant for killing a horse, on the trial of which the plaintiff had judgment.

The defendant prayed an appeal, but failed to perfect the same by giving the recognizance required by law. The papers however, were brought up to the circuit court and dismissed. The defendants, (the Borens,) then made an affidavit, showing to the court that when the trial was had and the appeal prayed, McClean, the justice, informed them that the law allowed twenty days to appeal in, and not knowing that…