Rath v. Ahrens

Plaintiff and defendants both move for judgment on the pleadings. The action is against sureties upon an appeal bond. The plaintiff recovered a judgment in the Justice's Court in the sum of $156.10 against one Detmer. Detmer appealed to the County Court from such judgment. Under the statute Detmer might have pursued either one of two methods of appeal. By appealing generally under Justice Court Act, section 428, he was required only to serve his written notice of appeal unless he desired a stay of execution, in which case he would be required to furnish the undertaking provided for by Justice…