Germ v. Price

Opinion by

Weight, J.,

On November 5, 1953, in a trespass action before a magistrate, Ludwig Germ obtained a judgment against Bernard Price. On November 23, Price filed an appeal in the Municipal Court. On December 15, Germ caused the appeal to be stricken from the record because of Price’s failure to comply with Rule 9 of the said court. This Rule provides that “An appeal taken from the judgment of a magistrate shall not be perfected unless the party filing same shall, within 21 days thereafter, file proof that he has given notice personally or by registered mail to the adverse party, stating…