Aldrich v. Circuit Judge , 49 McGrath 609 ( 1883 )

To require respondent to vacate an order reinstating an appeal ■from a judgment of the justice, after it had been dismissed.

Denied January 10, 1883.

Held, that an appeal may be reinstated in the discretion of the circuit judge, upon statutory excuses for the default, notwithstanding the fact that the transcript of the judgment has been hied meanwhile, and execution issued thereon.