Combs v. Wilber

' Eelator recovered judgment in justice’s court on July 7, 1893, against Israel B. Sutton. July 12 —the last day for appeal — the defendant prepared a bond and affidavit, appended a justification taken before a notary public, and in the absence of the justice, who was out of the city, left the papers in the files of the case, which *236were found in the office of the justice. The fees had been previously paid by the defendant to the justice. The justice made a return to this appeal, but on motion the appeal was dismissed by the circuit court; and defendant thereupon made a motion for leave to…