Ward v. Atlantic Coast Line R.

(concurring) : Section 669 of Volume 1 of the Code, of 1922, relating to appeals to the circuit Court from the Courts of magistrates, contains this provision: “Upon hearing the appeal, the appellate Court shall give judgment according to the justice of the case, without regard to technical errors and defects which do not affect the merits.”

It was decided in Fraser v. A. C. L. Railroad Company, 93 S. C., 272, 76 S. E., 609: “On appeal from magistrate’s judgment, the appellate Court shall give judgment according to the justice of the case without regard to technical errors.”

“Under Code Civ.…