Moffitt v. McGrath

Opinion by

Mr. Justice Bean.

This action was originally commenced in the justice’s court for Moro Precinct, Sherman County, by the plain*479tiff against the defendant to recover the possession of a two-year-old filly, and for damages. Judgment being rendered in favor of the defendant, plaintiff appealed, or attempted to appeal, to the circuit court. A motion to dismiss the appeal for want of notice thereof being overruled, a trial was had, resulting in a judgment for plaintiff, from which defendant appeals, alleging as error the overruling of her said motion to dismiss the appeal. It is insisted…