Kibe v. Sentz

Shughart, P. J.,

On February 8, 1953, Willoughby Kibe recovered a judgment against Donald Sentz, before one of the justices of the peace in the county, in the amount of $64.50. On March 17, 1953, Sentz took an appeal from the judgment, to this court. On March 18, 1953, appellant’s counsel filed a copy of a notice of the appeal sent to the appellee, on which he certified that he caused the original of the notice to be served by mail upon the appellee at the address given on the transcript of the justice. Plaintiff *102failed to file a complaint and on May 5, 1953, on praecipe, a judgment of non…