Gray v. Wolcott

The appeal is taken from an order of the county court permitting the plaintiff to perfect his appeal from a judgment of a justice of the peace, and consolidating the same with another appeal in the same case, both appeals being for a. new trial in the county court, and to be tried as one case in. the said court.

The correctness of this order depends upon the service in due time of the notice of appeal upon the justice. If it was so served,, the county court in the exercise of a wise discretion, as we think, permitted the plaintiff to perfect his appeal under § 3049 of *130the Code. There is some…