The only objections made to the sufficiency of the affidavit of appeal are (1) that it is not entitled in the action; and (2) that it does not state, as required by sec.
It is difficult to treat the second objection seriously, although the learned counsel argued it with much earnestness and apparent sincerity. The omission of the word “ made” does not change the affidavit or obscure its meaning in the slightest degree, and no one has any right to be misled by it. When the affiant deposed that “ this appeal is in good faith,” he deposed in substance and effect that “ this appeal is made in good faith.” The difference between this case and the case of Evangelical L. St. P. Gemeinde v. Koehler, 59 Wis. 650, relied upon to sustain the dismissal of the appeal, is, in that case, the notice of appeal was defective in substance, while here the alleged defects are purely formal, and immaterial.
By the Court. — • The order of the county court dismissing the appeal from the judgment of the justice is reversed, and the cause will be remanded for further proceedings according to law.