Lazarus v. Ludwig

Section 3053 >of the Code provides that the justice must, after .ten and within thirty days from the service of the notice of appeal and' the payment of the costs and fees, make his return to the appellate court. The return herein having been made within ten days from the service of the notice of appeal, the respondent claims it was prematurely filed, for the appellant was thus *366enabled .to get the cause on the calendar for hearing at' the May term, .whereas if the justice had filed his return after'the ten days the cause could not have been so placed.upon the calendar.

■ We find nothing in'the…