Matteson v. Hall

Jefferson county court, upon the 19th day of September, 1881, granted an order on the motion of the plaintiff, whereby the appeal taken by defendant, from a judgment rendered by a justice of the peace, was “ dismissed unless the defendant amend his answer and pay plaintiff’s attorney ten dollars costs of the motion.” Defendant appeals from such order.

The defendant served in time, regularly, a notice of appeal to the county court, August 13, 1881, and in the notice of appeal inserted the words, viz., “ said appellant hereby demands a new trial in the appellate court.”

Thereupon, the plaintiff,…