Page:United States Statutes at Large Volume 31.djvu/540

488 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. and the district court shall proceed to hea1·, try, and determine the same anew, without regarding any error or other imperfection in the original summons and the service thereof or on the tr1al,j]udgment, or _ other proceeding of the justice or marshal in relation to the cause. D¤$¤¤iS—¤1¤f¤vv¤¤· Sec. 1004. T e district court, on motion of the respondent, may, at any time before the action is called fO1‘ trial, dismiss the appeal, if it satisfactorily appear that the transcript and original papers annexed are incomplete in any material particular, unless upon the cross motion of the appellant it makes a ru e upon the justice to supply such omission, upon such terms against the aippellant as may be just. At any time beforethe trial the court may ismiss the appeal upon the motion . _ of the appellant. p0j}}§§'§§,'}fQ“?h° “'* Sec. 1005. When an appeal is dismissed the district court must give judgment as it was iven in the court below, and against the appellant, for the costs and gisbursements of the appeal. When judgment is given in the appellate court against the appellant, either with or without trial of the action, it must also be given against the sureties in his undertaking according to the nature and eifect of it. If the appellant fail to Ele such transcrgpt within the time required, the adverse party may iile a transcript o the jlud ment of the justice, and the notice and undertaking on appeal, w iclg, on demand, the justice shall deliver to him for that purpose,` and thereupon have such appeal dismissed and judgment against the appellant and his sureties as provided in this section. D°‘°°‘“`° ““"°’· Sec. 1006. An a cal can not be dismissed on the motion of the mkiugihow cured res ondent, on accgdht of the undertaking therefor being defective, if the appellant, before the determination of the motion to dismiss, will execute a sufficient undertakin , and Ele the same in the appellate court, upon such terms as may be geemed just. p,Q,§,§§,"{§ QQ; af Sec. 1007. In all cases of appeal the bill of items of the account sued x>¤11¤¤¤ com- on, or filed as a counterclaim or set-oil', or the abatement of the plaintiif’s cause of action, or of the defendant’s counterclaim or set-off, or other ground of defense filed before the justice, may be amended upon appeal in the appellate court to supply any defect, deficiency, or omission therein, by filing formal pleadings therein when by such amendment substantial justice will be promoted; and in all cases when required by the court, or by either party to the action, formal pleadings shall be filed on either side upon the trial of the cause on appeal; when either party requires such formal pleadings, he shall cause to be served on the opposite party a notice thereof in writing, and file the same in the court where the cause is pendin by the Erst day of the term of such court at which such cause is todme tried; but no new item or cause of action not embraced or intended to be included in the original account or statement shall be added by such amendment. Cx-mrrmz NINETY-EIGHT. or Mxscnnmxnous rnovxsrous RELATING TO JUSTIGE’S COURT. Sec. Sec. . 1008. Judgment of justices may be re- I 1011. Special deputies. viewed. 1012. Party entitled to one hour. 1009. Appeals, where jury is demanded. 1013. Proceedings for contempt. 1010. Who may act as attorney. 1014. Punishment for contempt. t,·Ll;dg;¤*; gfe jj-; Sec. 1008. No provision of this code in relation to appeals or the viewed.right of appeal must be construed so as to prevent either party to a judgment given in a justice’s court from having the same reviewed in the district court for errors in law appearing upon the face of such judgment or the proceedings connected therewith, as provided in chapter fifty-five.