52 S.C. 528 | S.C. | 1898
The opinion of the Court was delivered by
E. S. Bigham, as plaintiff, obtained judgment against the defendants in an action tried before A. B. Armsñeld, Esq., a magistrate, on the 10th December, 1897. Defendants gave notice to plaintiff’s attorneys of intention to appeal on the 14th December, 1897, but did not serve the magistrate until the 16th of December, 1897. When the appeal came on to be heard by Judge Ernest Gary, he decided that he had no jurisdiction of the case, owing to the failure of appellants to serve the trial magistrate with their notice of appeal within five days from the date of the judgment, and he, therefore, dismissed the appeal. From this judgment the defendants now appeal to this Court.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.