Parrish v. Atlantic Coast Line Railroad

Tbe plaintiff contends tbat it would be improper for tbe court to consider tbe relevancy of bis allegations on the defendant’s motion to strike, but tbat this can and should be postponed until plaintiff introduces evidence and defendant objects thereto. This position questions tbe propriety of tbe Court’s considering tbe merits of defendant’s appeal, which is to challenge the timeliness and propriety of tbe appeal itself. Certainly, if tbe appeal is not premature or unavailable, it must be decided here on its merits.

At tbe threshold of investigation we are met by C. S., 638, which sets forth…