Moise v. Powell

Irvine, C.

The defendant in error Powell sued the plaintiff in error Moise before a justice of the peace for damages alleged to have been sustained by the injury of defendant in error’s buggy while in the possession of plaintiff in error. The prayer was for judgment for $20. There was a trial to a jury and a verdict and judgment for the defendant in error for $20. The plaintiff in error filed an undertaking in appeal, and thereafter, within the statutory time, filed a transcript in the district court for the purpose of taking an appeal. ' Later, the district court, on application of the…