McCoy v. . Lassiter

The appellee moved at the present term to dismiss the appeal, (132) "for that the appellant did not serve a statement of case on appeal on the appellee, within five days from the entry of appeal, as required by Sec. 550 of The Code."

This motion could not be allowed, even if the facts stated in support of it be accepted as true. The appeal brings the case into this Court, whether a statement of the case, or a case settled on appeal, be sent up or not. Such statement of a case is not essential to the appeal. It might be, that the grounds of error relied upon, would sufficiently appear assigned…