Broadwater v. Jacoby

This cause originated’before a justice of the peace, where Broadwater sued Jacoby for the sum of $100, for the alleged conversion of certain hogs of that value. Judgment being rendered in favor of plaintiff, defendant appealed to the district court. In that court plaintiff moved to dismiss the appeal, for the reason that no defense was made in the court below. This motion was overruled, and the ruling thereon is now assigned for error.

Conceding as law all that is claimed by plaintiff in error, we still think there was no error in the ruling of the court below upon this motion. By reference to…