APPEAL,  Docketing:

Unless  appellant  dockets  his  appeal  by  the  beginning  of  the  call  of
the  calendar  for  the  district  to  which  his  case  belongs,  the  appel-
lee can  move  to  docket  and  dismiss;  if  such  motion,  however,
is  not  made  until  after  the  appellant  actually  dockets  his  appeal,
at  any  time  during  the  term,  the  motion  is  too  late,  the  appel-
lee's lack  of  diligence  serving  to  cure  the  appellant's  previous
laches.    Piwking  <\).  v.  WUlianuff  400.
APPEAL  FROM  JUSTICE  OF  THE  PEACE:

1.  No  appeal  lies  from  an  order  of  the  Superior  Court  overruling  a

motion  to  dismiss  an  appeal  from  a  judgment  of  a  Justice  of  the
Peace.  An  exception  should  be  noted  to  the  refusal  of  the  mo-
tion, which  would  be  considered  on  an  appeal  from  the  final
judgment.     FertUizer  Co.  v.  Mnnhhurn^  411.
2.  The  question  of  jurisdiction  may  be  raised  at  any  time  and  in  any

Court  where  a  case  is  pending;  hence,  a  motion  to  dismiss  an
appeal  from  a  judgment  of  the  Justice  of  the  peace,  based  on  a
lack  of  proper  service  of  process,  may  be  made  at  any  time  in
the  Superior  Court  since  it  raises  a  question  of  jurisdiction.     Ih.
3.  Where  a  Justice  of  the  Peace  has  not  obtained  jurisdiction  of  the

party  by  reason  of  non-service  of  process  in  a  matter  of  which
he  has  exclusive  original  jurisdiction  the  Superior  Court  cannot
on  appeal  obtain  jurisdiction  by  ordering  a  summons  to  issue  to
bring  the  party  before  it.     Ih.
APPEAL  FOR  ORDER  OF  REMOVAL   OF  CAUSE  TO   FEDERAL
COURT,  790.
APPEAL  IN  CRIMINAL  CASE:

Neither  the  State  nor  the  prosecutrix  is  entitled  to  appeal  in  crimi-
nal action  from  a  verdict  or  finding  of  "not  guilty."  Staff  v.
HaUard,  1024.
