Sheldon v. Pearson

Citations

• 42 S.C. 111
• 20 S.E. 26
• 1894 S.C. LEXIS 26

Syllabus

<p>1. Trim, Justice — Notice op Appeai, — Service.—A party cannot be relieved from any omission made by him in giving notice of appeal within the time, and in the mode, required by statute. Therefore, where the statute requires notice of appeal from a trial justice to be served on the respondent, or if not a resident of the county, nor to be found therein, then on the agent who appeared for the respondent at the trial, and is a resident of the county, and if neither respondent, agent, or attorney can be found in the county, then to be served otherwise, a notice of appeal is not properly served when it is personally served in the county on a non-resident agent who appeared at the trial for a non-resident respondent not then within the county, such agent not being shown to have been an attorney at law.</p>