Wood v. McCrary

Plaintiff in error entered an appeal from the-judgment of a justice of the peace to the superior court, five days, exclusive of Sundays, after the rendition of the judgment, which was for an amount greater than fifty dollars. Upon the-call of the case in the superior court, the appeal was dismissed on the ground that it had not been entered within time. Exception was taken. Whether or not the judgment dismissing-the appeal was correct depends upon the construction of two-sections of the code. Section 4138 of the Civil-Code is as follows : “ Either party being dissatisfied with the judgment…