Crosswell v. Indemnity Ass'n

Citations

• 49 S.C. 374
• 27 S.E. 388
• 1897 S.C. LEXIS 160

Syllabus

<p>1. Dismissal of Appear. — The clerk may dismiss an appeal when it appears that the 1 ‘return’ ’ has not been filed yi the proper time, and his certificate to that effect may be indorsed on the dismissing order.</p> <p>2. Appear — In Settling a Case, a Circuit Judge has nothing to do with the exceptions, except that a copy should be furnished him, that he may see the questions raised by the appeal.</p> <p>3. Circuit Court RueE No. 48 is no longer of force.</p> <p>4. Appear — Excusable Deeaurt — Mistake or Inadvertence.— After a party has served in proper time his notice of intention to appeal, he may be relieved of the consequences of any omission in taking any subsequent steps necessary to perfect the appeal arising from mistake or inadvertence.</p> <p>5. Ibid. — Ibid.—Ibid.—Circumstances stated under which appellant may be relieved of default in perfecting appeal, after notice of intention to appeal has been properly served.</p>