Porter v. Chapman

Bluett, J.,

Defendant seeks to have reinstated his appeal, filed in this court as of September term, 1939, no. 143, from a magistrate’s judgment. His petition avers that the judgment-was rendered against him in favor of plaintiff on August 17, 1939, in the sum of $56 and costs, in an action in trespass; that on Sep*557tember 8, 1939, he filed his appeal in this court and duly notified plaintiff of this by registered mail; that on October 4, 1939, the appeal was stricken from the record on motion of plaintiff’s attorney because of defendant’s failure to file an affidavit of service in accordance…