Guy, McClellan & Co. v. Walker & Johnson

Guy, McClellan & Co. brought an action of replevin against Walker, Johnson & Co., before a justice of the peace for five bales of cotton. No return to the order of delivery was made by the constable, and it does not appear that the cotton was delivered to the plaintiffs, or ever taken from defendants; but the defendants, upon the trial, recovered judgment against the plaintiffs for $198.43.

The plaintiff's prayed an appeal. The defendants moved, in the circuit court, to dismiss the appeal, upon the ground that no affidavit for an appeal had been made. The only paper, in any wise purporting to…