Southern Railway Co. v. Empire Printing & Box Co.

The Empire Printing and Box Company sued the Southern Railway Company in a justice’s court. The railway company entered an appeal to the superior court. When the case was called in that court the appeal was dismissed, on 'motion of the plaintiff’s counsel, upon the ground that it did not affirmatively appear from the record that the appeal was entered within four days from the rendition of the judgment; the order of dismissal reciting that the bond given by the appellant was dated September 24,1902, when the appeal appeared to have been entered on September 4, and the record did not disclose…