Eaton v. Potts

This action was tried in Justice’s Court and resulted in a judgment in favor of the-plaintiff. The defendant appealed from said judgment for a new trial in County Court, and seasonably paid the costs and duly served the notice of appeal, but inadvertently failed to file the undertaking, and thereafter the plaintiff appeared by regular notice of appearance, served by his attorney, who also served a notice of trial for the March term of this court. The defendant, on his own affidavit and all the papers and proceedings in this action, moves for leave to serve and file the undertaking required by…