Byers v. Humphrey

Mr. Presiding Justice Shepard

delivered the opinion of the court.

The defendant in error recovered a judgment against the plaintiff in error in a suit before a justice of the peace. The plaintiff in error took an appeal to the Superior Court, and at the same time of filing his appeal bond, the justice’s transcript was filed. A supersedeas thereupon was issued on the same day, and was served, the day following, on the justice.

At a subsequent term the case was called in the Superior Court, and in the absence of the plaintiff in error, on the motion of the defendant in error, the appeal was…