Patty v. Miller

FLY, Associate Justice.

This case originated in a Justice Court, where judgment was rendered in favor of plaintiff (appellee) for the sum of $64, from which judgment appellant gave notice of appeal to the District Court, and perfected the same. While an appeal bond was given on July 21, 1890, the transcript of the justice’s record was not filed in the District Court until February 14, 1891, although from the certificate of the justice of the peace the transcript was prepared by him on August 6, 1890.

On March 10, 1891, the appeal was dismissed by the District Court for want of prosecution, and…