Boyle v. Levi

The appeal taken by appellant from the judgment rendered against him by the justice of the peace was dismissed in the circuit court for want of prosecution. The dismissal of the appeal is said to be erroneous, for the reason appellee, who was plaintiff in the court below, had no standing in that court, because he had not entered his appearance, nor had he paid the costs required by the statute to be paid before he could be permitted to enter his appearance. After the dismissal, appellant moved to reinstate the cause, and filed affidavits in support of the motion, to which appellee filed…