Lamb v. Padgett

Citations

• 45 S.C. 534
• 23 S.E. 628
• 1896 S.C. LEXIS 9

Syllabus

<p>1. Appear — Affidavit—Dismissae.—In an application to the clerk of this Court to dismiss an appeal under Rule 1, it is not necessary that the fact appear in the affidavit of respondents’ attorney that the “Return” has not been filed.</p> <p>2. Appear — Return—Dismissae—Excusabre Negeect. — The “Return” must be filed in this Court within twenty days after the record constituting it has been completed, and the failure to file the ‘ ‘Return’ ’ within the time because the “Case’ ’ was not completed, without the fault of appellant’s attorney, is not such “excusable neglect” as would entitle the appellant to a reinstatement of his appeal.</p>