Elkins v. Michael

Brannon, Judge:

S. B. Elkins sued P. B. Michael before a justice of Preston • county to recover money due on contract, and having recovered before the justice Michael took an appeal to the circuit court, and that court entered an order saying that on Michael’s motion, “and for reasons appearing to the court this appeal is dismissed.” Elkins sued out a writ of error from this judgment.

In this case comes up the question, What is the effect of the dismissal by the court of the appeal ? Does it restore the judgment rendered by the justice ? The question is material because if the dismissal…