Perkins v. Douglass

Citations

• 46 S.C. 6
• 24 S.E. 42
• 1896 S.C. LEXIS 33

Syllabus

<p>1. Notice of Appeal — Record.—There is no statute or rule of law which requires, as an essential prerequisite to the hearing of an appeal from the judgment of a trial justice, that the notice and grounds of appeal, or the evidence of the service thereof, should be in the record when the case is called for trial. *</p> <p>2. Ibid. — Ibid.—Return.—The notice and grounds of appeal arc not a part of the return which, by section 362 of the Code, a trial justice is required to file in the Circuit Court upon appeal from his judgment.</p> <p>3. An Appeal from a trial justice should not be dismissed for mere technical defects which do not affect the merits.</p> <p>4. Appeal — Proof of Service.— A Circuit Judge having before him evidence of the service of the notice and grounds of appeal from a trial justice judgment aliunde the record, erred in dismissing the appeal because such evidence was not in the record when called for trial.</p>