Cowell v. . Gregory

At the time of the rendition of the judgment in the justice's court the defendant refused to appeal, and paid the judgment voluntarily to the constable and the recovery to the plaintiff in the action. Within the time allowed by law for appeals, the defendant filed the proper notice of appeal to the Superior Court, and the appeal was sent forward. On the call of the case in the Superior Court the plaintiff lodged a motion to dismiss the appeal, upon the ground that the defendant had waived and renounced his right to appeal, and had voluntarily paid the judgment.

The following were the facts as…