Bradley v. Andrews

'Geavbs, O. J.

Bradley sued Andrews before a justice of the peace, and the latter, being unable to attend in person, employed Mr. "Westerman, an attorney of this Court, to appear and act for bim. The attorney failed, however, to appear in season, and Bradley obtained judgment for damages, $231.34, and costs, $3.45. Andrews proceeded to appeal, and complied with all the statutory formalities. The ■court, on motion of the plaintiff, made a peremptory order ■dismissing the appeal, and the defendant alleges error.

The ground of dismissal was that the affidavit for appeal was sworn to before…