Clendenning v. Crawford & McLaughlin

G-antt, Ch. J.

The defendants in error sued the plaintiffs in'a justice’s court on account for professional services, etc. They were served with process, and failed to appear at the return day of the summons; the cause was tried and judgment was given in conformity with the bill of particulars and the proofs. The plaintiffs in error appealed to the district court, and on motion the appeal was dismissed. The only question in the case is, whether an appeal from the judgment of a justice of the peace will lie to the district court in a case where the defendant disregards the process and fails to…