Gill v. Ward

The circuit court dismissed the plaintiffs’ appeal from the decision of the justice of the peace, in this case, upon the ground that the affidavit for the appeal, though duly certified by the justice before whom it was made, was not signed by the affiant.

• The language of the statute is, that “ the applicant, or some person for him, shall make and file with the justice, an affidavit that the appeal is not taken for the purpose of delay,” etc., Gould's Dig., ch. 99, sec. 180.

An affidavit, as defined by Blackstone, is “ a voluntary oath before some judge or officer of the court, to evince the…