Bugbee v. Abbot

1 Root 109

Opinion

Writ or Eeror to reverso a judgment of a justice, in an action brought by Abbot v. Bugbee. The defendant appeared and refused to plead; and judgment was given against him upon nihil dicit; the defendant moved for an appeal to the County Court, the cause being appealable, and the justice denied an appeal, because he did not plead; this was assigned for error; and the judgment was reversed, for the defendant was in court and an appeal ought to have been granted.