
    Burnham vs. Turner and another.
    Dnder the Revised Statutes of 1858, a party who has suffered judgment by default before a justice of the peace, has the right of appeal.
    There is nothing in the Eev. Stat. of 1858, limiting the right of appeal from a justice of the peace to such parties as have appeared before the justice; and appeals from inferior tribunals are favored in the law.
    After return made in such case, the court can direct the defendant to serve and file his answer, and allow the issue to be made up, and proceed to trial, as in other cases.
    APPEAL from tbe Circuit Court for Jefferson Countj.
    
      Burnham sued Eorbes and Turner before a justice of tbe peace on an account. Tbe summons was served on Eorbes personally, and on Turner by copy. Neither of tbe defendants appeared, and judgment was rendered against them both on tbe 5th of September, 1860, for $75. On tbe 18th of tbe same month, Turner appealed to tbe circuit court; and tbe plaintiff, after giving due notice of tbe motion, moved that court to dismiss tbe appeal, on tbe ground “ that there was no appearance in tbe justice’s court in which tbe judgment was rendered, or issue therein formed upon which a trial could be bad.” Tbe circuit court dismissed the appeal, and Turner excepted and appealed.
    
      L. B. Caswell, for appellant.
    
      J. E. Holmes, contra, cited 1 Wis., 387 ; id., 511.
    December 30.
   -% the Court,

DlXON, C. J".

Tbe statute (R. S., chap. 120, sec. 204) declares that “ any party to a final judgment ren dered by a justice of tbe peace, may appeal therefrom to tbe circuit court, in tbe cases and manner hereinafter provided.” There is nothing in tbe subsequent provisions limiting tbe right of appeal to such parties as shall have appeared before tbe justice, or excluding those who shall not have appeared. Tbe language of tbe statute is not only consistent with an intention on tbe part of tbe legislature to give every party to a final judgment a right to appeal, whether tbe judgment be rendered in one form or another, but seems to us to forbid any other construction. It is that any party, &c., may appeal in tbe manner provided. Appeals from inferior tribunals and jurisdictions are favored in tbe law, and we cannot see b.ow a party wbo has suffered judgment by, default is to debarred of the right, unless we can say that the courts have the power to annex conditions which the legislature has seen fit to omit, and that we clearly cannot do. After return in such case, the court can direct the defendant to serve and file his answer and allow the issue to b’e made up and proceed to trial as in other cases.

The order dismissing the appeal must be reversed, and the cause remanded for further proceedings according to law.  