Hammerstein v. Haase

Defendant appealed from the judgment of a justice of the peace after the day upon which the judgment was rendered, hut failed to give notice to the appellee. After the case had been continued in the Circuit Court several terms, it was called for trial. The appellee below appeared and insisted upon a trial. The case was passed to another day to enable the appellant to procure his witnesses, but when the day arrived he refused to go to trial because the appellee (the plaintiff) had not entered his appearance on or before the second day of the term. The court, however, heard the cause and…