Mestling v. Hughes

Mr. Chief, Justice Craig

delivered the opinion of the Court:

This was an action of debt, brought upon an appeal bond, filed and approved in a certain cause where an appeal was taken from a judgment rendered before a justice of the peace, to the circuit court.

The plaintiff filed with his declaration an affidavit of claim, in conformity to the statute, and as the defendant failed to file with his pleas an affidavit of merits, they were, oh motion, stricken from the files, and judgment rendered by default.

It is contended by appellant, that the appeal bond upon which the action was brought, was not…