Mason v. Stackhouse

Opinion by

Porter, J.,

Bail for appeal from the judgment of a justice of the peace was entered on February 6, 1923, and the transcript should have been filed in the court below on or before the then next return day, which was the second Monday of March (the 10th), 1923, but the transcript was not filed until April 13, 1923. The court, on motion of the' plaintiff, subsequently struck off the appeal, which action the defendants here assign for error.

The excuse given by Charles Stackhouse, one of the defendants, for not filing the transcript was that on February 6th, at the time he paid the costs…