Hayes v. James

This'appeal is prosecuted for the purpose of reversing the action of the court below in affirming a judgment of the county court appealed to the district court. The appeal from the county to the district court was not taken during the day in which the judgment was rendered, nor was a notice in writing served within five days after the appeal was perfected.

The action of the district court in affirming the judgment was in pursuance of the statute. Section 4, page 159, Session Laws 1885. The statutory right in question—having the appeal dismissed or the judgment affirmed—is a personal privilege…