People ex rel. FitzHenry v. Union Gas & Electric Co.

announced the decision of the court:

Appellee has made its motion to dismiss the appeal on the ground that appellant failed to give five days’ notice of the time when and the place where he would file his prcecipe for a record, together with a copy of said prcecipe, as is required by section 81 of the Practice act of 1907. (Hurd’s Stat. 1911, p. 1780.) Appellee insists that the statute requiring notice of the filing of the prcccipe for an appeal must be complied with, and that a failure to do so will justify the dismissal of the appeal.

That portion of the Practice act which is the basis of the…