Burke v. Dunning

The plaintiff in error applies for a supersedeas on a record showing that this case was commenced by the defendant in error against the plaintiff in error before a justice of the peace, and tried there before a jury.

The transcript of the justice recites the verdict and judgment thus: “We, the jury,find the issues for the defendant and upon the verdict to the court renders judgment in favor of the defendant against the plaintiff for costs of suit.”

The word “to” italicised is impertinent and must be rejected as surplusage.

From that judgment the defendant in error appealed to the Circuit Court,…