Roesink v. Barnett

• Two questions1 are raised on this record. 1st. Whether the proceedings in error were commenced within the time limited by the statute. 2nd. Whether the district court erred in dismissing the appeal from the judgment of the justice of the peace.

Counsel for the defendants in error submit that the petition in error ought to have been filed within six months from the time of making the order complained of, as provided by the act amendatory of section five hundred and ninety-two of the code of civil procedure, approved February 24, 1875. Laws 1875, p. 40.

It is a mistake, however, to suppose that…