Burdett v. Marshall

Mr. Justice "Wheeler

delivered the opinion of the court,

Justice Lipscomb

giving no opinion.'

This suit was brought before a justice of the peace by the defendant in error against the plaintiffs in error, upon a note of which one of the latter (Burdett) was maker, and Burch the indorser. The case was tried in April, 1847. The justice gave judgment for the plaintiff below, and the defendant, Bur-dett, appealed to the district court.

On motion of the appellee in that court, the appeal was dismissed, on the ground that the appeal bond did not appear to have been approved by the justice, and the…