
    Chambers vs. O'Bannon.
    June 6.
    
      1. Where on an appeal from a justice of the peace to the circuit court, the appeal bond has not been executed within twenty days, the appeal ought to be dismissed, but in dismissing the appeal the circuit court ought not to affirm the judgment of the justice.
    
    2. It seems to be improper to pronounce a judgment of affirmation, unless the cause is so before the circuit court, that it could regularly try the matter in contest.
    
   Opinion of the Court.

THIS court is of opinion that in consequence of the appeal bond, executed by Chambers, not having been given within twenty days from the time the appeal was prayed from the judgment of the justice, it was correct in the circuit court to dismiss the appeal ; but that it was irregular on dismissing of the appeal, to render judgment affirming the judgment of the justice. It was regular to dismiss the appeal, because the appeal was not brought before the court in that way which authorised the court to proceed with the trial of the matter in contest ; and as the court could not have regularly tried the contest, it was incorrect to render judgment against the appellant affirming the judgment of the justice.

The judgment must, therefore, be reversed with costs, the cause remanded and the appeal dismissed with costs.  