Supreme Court of South Carolina, 1888

Calvo v. Railroad Co.

Calvo v. Railroad Co.
Supreme Court of South Carolina · Decided December 11, 1888
30 S.C. 608; 10 S.E. 389

Calvo v. Railroad Co.

Opinion of the Court

By the Chief Justice.

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,

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