Schnabel v. Thomas

Respondent bas moved to dismiss tbis cause for tbe reason tbat tbe affidavit for appeal does not comply witb section 808, Revised Statutes 1899. Tbe affidavit, omitting tbe caption, is as follows:

“H. K. Bente, agent and attorney for John W. Tbomas, tbe defendant in tbe above cause, being duly sworn upon bis *181oatla says: that tbe appeal prayed for by bim is not made for vexation or delay, but because be considers bimself aggrieved by tbe judgment and decision of tbe court. H. 3L Bente, being duly 'sworn upon bis oath states, that tbe facts set forth in tbe above and foregoing affidavit are true…