To reinstate an appeal from a judgment rendered by a justice, which had been dismissed because the affidavit for the appeal was not signed nor sworn to.

Granted January 23, 1884.

Held, that the affidavit must be treated as defective under How. Stat., Sec. 7020; that the court should have permitted a perfect affidavit to be filed, if needful to sustain the'appeal, but it was not needful after the appellee had appeared and noticed the case for trial, the defect being thereby waived.