Daniel Waters, defendant below, Appellant, v. James H. and Andrew Kirby, plaintiffs below, Respondents

Daniel Waters, defendant below, Appellant, v. James H. and Andrew Kirby, plaintiffs below, Respondents. An appeal from a justice of the peace will not he dismissed, because his certificate to the transcript states merely that “ the foregoing is a true transcript in the above case copied from my docket;” but the same may be amended. On appeal from a justice of the peace. The certificate of the justice appended to the copy of the docket entries sent up by him was as follows: “ The foregoing is a true transcript in the above case duly copied from my docket,” signed by the justice. Patterson, for the plaintiff below, moved to dismiss the appeal for the want of a proper certificate by the justice of “ all the docket entries in the case before him,” as the statute requires. Booth, for the defendant below: The motion to dismiss the appeal is too late, as the plaintiffs have appeared to the citation and filed their pronarr in the case. But, if I am wrong in this, it is not too late to. amend the certificate, and ask leave for the justice to do so. Green v. Kinney, 2 Harr. 160; Lewis v. Hazel, 4 Harr. 470. [MAJORITY — The Court] The Court refused to dismiss the appeal, and gave leave to the justice to amend his certificate, upon the ruling in the case of Green v. Kinney, 2 Harr. 160.