Links v. Mariowe

The opinion of the court was delivered by

Voorhees, J.

This is an appeal from the judgment of a District Court, tried without a jury, which resulted in a non-suit. A motion lias been made to dismiss the appeal because not perfected in time; although we think the motion should prevail, yet we have considered the case upon the merits.

The state of the case settled by the judge is as follows:

“No witnesses were sworn, but the case was submitted on the admission of the attorneys for the respective parties and the records of this court in two former suits brought by defendant here against plaintiff,…