Central Hanover Bank & Trust Co. v. Cooke

The law requires an appeal from a judgment of a justice of the peace to be taken to the next term of Superior Court. "The next term means any term, civil or criminal, which begins after the expiration of the ten days allowed for serving a notice of appeal. An attempted docketing at a subsequent term is a nullity. If the magistrate fails to perform his duty in sending up the appeal, or if the judge is unable to attend the court, the appellant, if in no default, may apply for a recordari at the term first convening after the appeal is taken and thereby preserve his rights.” S. v. Fleming, ante,…