Schenck v. Goodman

Opinion by

Keller, J.,

This case raises the question whether an appeal from the judgment of a magistrate duly filed in the municipal court should be stricken off because the notice of the term and number to which it was filed, required by its rule of court, was sent the attorney for the adverse party by ordinary mail, instead of being served in the manner provided by law for the service of a summons, or by registered mail.

The rule referred to, No. 23-a, provides as follows: “The party filing an appeal from the judgment of a magistrate shall, within 72 hours thereafter, serve a written notice to…