Derringer v. Derringer

Bluett, J.,

— We have before us two rules filed by defendant, both of which derive from the same original proceeding in a magistrate’s court. On November 9,1939, plaintiff obtained a judgment against defendant in the sum of $29.38 and costs. On December 4,1939, defendant filed an appeal from this judgment in *654this court as of December term, 1939, no. 52. No notice of this appeal, however, was given to plaintiff, nor was an affidavit of service filed of record as required by our rule 9. Upon an inspection of the record, plaintiff’s counsel discovered this appeal and following the mandate of rule…