Hym v. Tong

OPINION OF THE COURT BY

PREAR, C.J.

In this case as in that of M. Phillips & Co. v. Lun Chong Co., ante 295, argument was heard on a. motion to- dismiss and on the merits. Several of the questions raised were the same in both cases, but in this case the following additional questions were raised.

On the motion it was contended that it should be made to appear that the point of law appealed upon was raised in the Magistrate’s court, and that it is not sufficient for the certificate to say that certain points are relied on in the notice of appeal. *301In tiiis case the Magistrate certifies that an…