J. E. Paterson Lumber Co. v. Ingersoll

BOULDIN, Justice.

On appeal to the circuit court from a judgment against a garnishee rendered by a justice of the peace, and the giving of a proper appeal bond within the time required by law [Code, § 8777 (as amended by Gen. Acts 1927, p. 82) and sections 8778, 8779], the failure of the justice to return to the circuit court the bond, or other papers with transcript, within ten days as required by Code, § 8780, does not deprive the circuit court of jurisdiction of the cause for trial de novo; nor to require a dismissal of the appeal on motion after the transcript and 'bond have been returned,…