Brown v. Pratt

3 Pin. 305, 4 Chand. 32

Opinion

Larrabee, J.

The affidavit made and filed with the justice was not the one required by the statute. In all cases of appeal from a justice, the affidavit must be “ that the appeal is made in good faith,” etc., and not that “ the application for an appeal is made,” etc.

The county court should have granted the motion to dismiss, for this reason.

The judgment is therefore reversed, upon this ground. We do not deem it necessary to investigate the cause further.

Judgment reversed.