People ex rel. Dickinson v. Simondson

Simondson sued Dickinson before.,a- justice of the peace, and upon the trial judgment was rendered in favor of defendant, from which Simondson undertook to appeal. An affidavit was made by him before the justice, for the purpose of complying with section 8886, Compiled Laws. But the affidavit, as sent up by the justice, was not signed by Simondson,-nor had the justice signed the jurat.

A motion-was-'made by the appellee in-the circuit court, to dismiss the appeal for want of a-proper affidavit, on the hearing of which motion1 the appellant presented an affidavit of the justice, showing that,…