West Jersey & Seashore Railroad v. Miller

The opinion of the court was delivered by

Garretson, J.

The certiorari brings up an order of the Cumberland Common Pleas dismissing a rule to show cause why an appeal by the prosecutor from a judgment obtained against it by the defendants before a justice of the peace should not be perfected and put upon the list for trial at the October Term, 1899, of the Common Pleas.

The judgment was obtained before the justice June 17th, 1899. The first day of the October Term was October 3d, 1899. This rule to show caiise was applied for October 4th.

On June 17th, 1899, an agent of the defendant notified the…