Lynn v. Merricle

Decided January 15, 1864

Supreme Court of Colorado · decided 1864-01-15

Assumpsit before a justice of the peace, and appeal to district court. Motion by appellee to dismiss, because of defective appeal bond, and cross-motion by appellant for leave to file a sufficient bond. The district court refused to allow the amendment and dismissed the appeal.

Decided 1864-01-15

Bradford, J.

¶1J. The opinion given at the present term of this court, in Gardner v. Dunn, ante, 1, is applicable to this case. The judgment of the district court must be reversed, and the ■ cause remanded to the district court for further proceedings.

¶2Beversed.