Silberberg v. Gitenstein

This cause originated before a justice of the peace, and defendant prosecuted an appeal from the judgment there rendered against him, to the circuit court. Two terms of court having elapsed after appeal was perfected, plaintiff moved an affirmance of the judgment of the justice for want of notice of the appeal, as it is said no such' notice was given. On a hearing, the court sustained this motion and gave judgment for the plaintiff affirming the judgment of the justice. It is from this judgment of the circuit court, on plaintiff’s motion for an affirmance because of the failure to give notice…