Williams v. Schmidt

This action was for the recovery of money, commenced in a justice’s court, and resulted, after trial, in a judgment in favor of the plaintiff and respondent. The defendant appealed to the circuit court, but his appeal was dismissed ; whereupon he appealed to this court. The ground of dismissal was, that the notice of appeal was served by the defendant Schmidt. This is the only assignment of error which we deem it necessary to consider.

Sec. 517, concerning notices, provides that “ service, or deposit in the post office when served by mail, may be made by any person other than the party…