74 N.J.L. 131 | N.J. | 1906
The opinion of the court was delivered by
.The briefs deal with this case as if it were an appeal from a District Court taken pursuant to Pamph. L. 1902, p. 565. There is a “state of the case,” from which it may be gathered that in some court an action has been brought, a trial by jury had and a verdict rendered. What court entertained the action, and what judgment was rendered therein, are not made to appear.
The statute referred to declares, in substance, that if either party in any action or proceeding in any District Court established in any city of this state shall be dissatisfied with the determination or direction of such District Court in matters of law, such party may appeal to the Supreme Court upon terms prescribed in the act. Section 2 of the act declares that “such appeal shall be in the form of a case agreed upon by both parties or their attorneys,” &c. It is implied, although not expressed in the act, that an appeal shall not be taken until after final judgment be rendered in the District Court, and that the record of that judgment shall be transmitted to
In the present ease, no point of the informality having been taken in the brief of the appellee, an opportunity will be> allowed to the appellant to perfect her appeal by bringing up a certified transcript of the judgment record in the court below. If this be done within thirty days the cause may be placed upon the list de novo for argument at the next term; unless the appeal be thus perfected within the time specified it will be dismissed, with costs.