Rogers v. Wheaton

This is an action of unlawful de-tainer. This suit was begun before a Magistrate, who rendered • judgment for the plaintiff. More than thirty days after judgment the defendants obtained writs of certiorari and supersedeas to remove the case to the Circuit Court. This petition showed merits, but gave no reason for failing to appeal. A motion to dismiss the petition was overruled by the Circuit Judge. The case was then heard upon the merits, and judgment rendered for the defendants, and from this judgment the plaintiff has appealed and assigned errors.

By the Act of 1869-70, Ch. 64, carried into…