Sayre v. Stoll

OPINION

By MATTHEWS, J.

This appeal raises one question and that is whether it is necessary to serve summons upon the defendant upon an appeal on law and fact to- the Common Pleas Court by the plaintiff from a judgment rendered by a justice of the peace in favor of the defendant.

The answer to the question is to be found in a proper construction of §§10382 to 10398 GC, both inclusive, and particularly §10387 GC, appeals on law and fact from justices of the peace being expressly excepted by §12223-3 GC, from the operation of the Appellate Procedure Act, effective January 1st, 1936.

The record…