Scott v. Burrill

Plaintiff in error brought replevin before a justice of the peace to recover possession of seven head of cattle. The property was taken under the writ and possession thereof delivered to plaintiff. Upon the trial, which was held on March 30, 1892, the justice found the issues against the plaintiff and assessed the defendant’s damages in the sum of $5, for which amount, with costs of suit, judgment was rendered. Within ten days the plaintiff entered into and filed with the justice an appeal undertaking, but failed to perfect his appeal by filing the transcript of the proceedings in the…