Dargan v. West

Citations

• 27 S.C. 156
• 3 S.E. 68
• 1887 S.C. LEXIS 112

Syllabus

<p>1. Where the record fails to show that any objection was raised or considered on Circuit as to the sufficiency of a notice of appeal to that court from the judgment of a trial justice, the insufficiency of such notice cannot properly be raised on appeal to this court.</p> <p>2. An appeal from a trial justice’s court was taken on the ground “of the manifest injustice done this defendant, and those set out in writing, made on the motion for a new trial before the trial justice, and the affidavit there used in behalf of said motion and all the evidence and records in the case.” Held, that this was a sufficient statement of the grounds of appeal; for the other grounds therein refen’ed to, though not incorporated therein, must be assumed to have been before the Circuit Judge in the report of the trial justice.</p>