Mallonee v. Taylor

MilleR, Judge:

On petition presented to the judge of the circuit court within ninety days, purporting to show cause why he had not appealed within ten days from the date of the judgment, defendant was awarded an appeal from the judgment of the justice against him in favor of plaintiff.

The circuit court, on motion and answer of plaintiff contro*468verting the facts alleged in defendant’s petition, dismissed said appeal, as impr'ovidently awarded. On writ of error to this Court the only question of merit presented is the correctness or incorrectness of that judgment.

On behalf of defendant, plaintiff…