
    Armstrong, Appellee, vs. Fry, Appellant.
    
    Ks? resurtiré mude by a justice, to an appeal, it is conclusive evidence of the payment of the coats -and fees, required to be paid to the justice in order to appeal.
    
      Saginaw Circuit Court,
    
    
      Oct. 8, 1869.
    Judgment was rendered August 20, 1869, by a Justice of the Peace. Affidavit and bond for appeal, filed August 24, 1869. -Justice’s fees paid August 28, 1869, and return made.
    
      Motion to dismiss appeal because the costs were not paid within five days after judgment.
    
      Foot & Grout, for Appellee.
    
      J. Brousseau, for Appellant.
   Sutherland, Judge.

Paragraph 3856, C. L. applies to such a case. The return having been made, it is conclusive evidence that the costs and fees have been paid. The “ costs of the justice” and “ such fees ” mentioned -in that section — “ the fee paid to the justice,” in § 3864, and “ the fees of the justice.” in sub. 6, § 3845, all refer to the moneys for fees and costs required to be paid by $ 3840, in order to appeal.

Motion denied, with usual motion costs.  