MEADE v. EQUITABLE CREDIT DIS. CO

Appeals — Notice — Appeal from award of arbitrators — Rule of Municipal Court — Circumstances.

In this case, in which it appeared that plaintiff filed an appeal from the award of arbitrators; that by rule of the lower court the appellant was required to serve notice of appeal upon the adverse party or his counsel; that each defendant filed a rule to quash the appeal on the ground that neither it nor its counsel had received notice of the appeal; that plaintiff by his attorney filed answers averring that notice of the appeal was forwarded by mail to the one defendant and admitting that no notice was sent to the other defendant through oversight; and that the court below, holding that questionable conduct of plaintiff's attorney precluded any granting of leniency, ordered that the rules of both defendants to quash the appeal be made absolute; it was Held that the order of the court below should be affirmed.

Argued September 14, 1959.