Calvo v. Railroad Co.
Supreme Court of South Carolina
Calvo v. Railroad Co., 30 S.C. 608 (S.C. 1888)
10 S.E. 389
Calvo v. Railroad Co.
Opinion of the Court
Rule 1 requires the clerk to dismiss the appeal when the return is not filed within forty days. In this case the return was not filed within forty days, and therefore the clerk properly dismissed the appeal. This court can restore the appeal so dismissed, and will do so when the default occurred through “unavoidable causes,” but the court sees nothing in this case to bring this default within this rule. Motion refused,
Reference
- Full Case Name
- Calvo v. Railroad Company
- Status
- Published