
    McAlpin and Read against Pool.
    
      December, 1824.
    
    1, On appeal from Justice’s judgment, the appeal bond i^a sufficient shewing that judgment was rendered.
    2, On the trial de novo, a brief statement of the demand is sufficient.
    THIS was an appeal from a Justice of the Peace to the Circuit Court. The judgment rendered by the Justice does not appear in the Record otherwise than by the recital in the bond for the appeal to the Circuit Court. “ Whereas “ judgment.by default hath, the day of the date hereof, been “ entered against the above-mentioned R. C. McAlpin, for “ $49 33¿, together with,” &c., naming the Justice of the Peace by whom the judgment was entered. The statement of the plaintiffs’ demand, as filed in the Circuit Court, is, “ The plaintiff in this case proceeds to recover of the de- “ fendant upon an instrument, the following of which is a “ a true copy f’ and concludes with setting out a copy of a promissory note of defendant. The Circuit Court rendered judgment by default against McAlpin and Read his security for the appeal, for the amount of the note and interest, and fifteen per cent, damages. They assigned here as Errors,
    1st, That it does not appear that the Justice of the Peace rendered any judgment in the case.
    2d, The statement of declaration does not state any thing to be due, nor place where the contract was made, nor the Court in which the suit was prosecuted.
    3d, The judgment is for damages when none were claimed in the statement. -
    
      Barton and Pickens for plaintiffs.
    
      Ellis for defendant in Error.
   Judge Saffold

delivered the opinion of the Court.

The appeal bond contains an explicit admission of the obligors, who are plaintiffs in Error, of the judgment rendered by the Justice of the Peace. This may be regarded as a shewing of a judgment sufficient to sustain the jurisdiction of the Circuit Court; more especially when the party taking the appeal, suffered judgment by default to pass in the Court to which he had appealed.

The statement of. the plaintiff in the Circuit Court claims a recovery on an instrument of writing, and sets out a copy of it. According to former decisions of this Court, the formality and many of the requisites of pleading in ordinary actions are not necessary on appeals from Justices of the Peace. A brief statement substantially shewing the demand, is sufficient.

Let the judgment be affirmed.  