Louisville & Nashville Railroad v. Haynes

In this case there was a judgment rendered by a justice of the peace, from which the plaintiff in error appealed to the circuit court. The magistrate failed to file the papers in the cause as required by section 4873 of Shannon’s Code, so that, a few days after the term of the court to which the appeal was taken began, defendant in error presented the papers and moved for an affirmance of this judgment. The motion was resisted by the plaintiff in error, and at the same time the. court was asked to permit the latter “to prosecute his appeal.” This was denied, and the affirmance was entered in…