Bourton v. Rathbone, Sard & Co.

An action was brought in Justice Court by defendant in error against plaintiff in error, and a judgment recovered, from which judgment an appeal was taken to the Circuit Court by William Bourton, Sr., by filing his appeal bond with the clerk of said court, and procuring a supersedeas to be issued to the Justice. William Bourton, Jr., did not join in the appeal, and no summons was issued against him by the clerk of the Circuit Court, as required by Sec. 70, Chap. 79, it. S., in case of appeal by one of several parties from the judgment. The appearance of defendant in error was entered in the…