T. E. CESS-PELHAM, SR., Appellant, v. REPUBLIC OF LIBERIA, Appellee.

MOTION TO DISMISS APPEAL IN ACTION OF REPLEVIN. Argued November 7, 1960. Decided December 16, 1960. 1. An appeal will not be dismissed on the ground that the notice of appeal was directed to the sheriff instead of to the appellee. 2. The only grounds upon which an appeal can be dismissed are those specified by the controlling statute. 1956 Code, tit. 6, �.1020. T. E. Cess-Pelham, appellant, pro se. Assistant Attorney General J. Dossen Richards for appellee. MR. Court. JUSTICE HARRIS delivered the opinion of the At the call of this case for hearing the clerk informed the Court that the appellee, through counsel, had filed a motion to dismiss the appeal, which motion the Court ordered read, and which we quote : “Now comes J. Dossen Richards, Assistant Attorney General representing the Republic of Liberia, appellee in this case, and most respectfully moves this Honorable Court to dismiss the appeal of the appellant, and submits the following: “I. Because the notice of appeal is defective, in that it is not directed or issued to the appellee but rather to one Charles Henry Bassi, sheriff, which is contrary to the statute and the decision of this Court. Appellee respectfully requests this Court to take judicial notice of the records certified to it Wherefore appellee prays that the appeal be dismissed and the judgment of the trial court be affirmed.” To the above motion the appellant filed a resistance consisting of five counts, Count “4” of which we deem salient and pertinent to quote in disposing of the motion : “And also because, notwithstanding the appellant is 162 LIBERIAN LAW REPORTS not legally bound to answer or respond to the points stated in the said motion on account of the facts and laws already cited above, yet as a matter of facts and laws for the record in this appeal, referring this Honorable Court to the said motion, there appearing therein no clause or averment to convey an intendment promulgated by the statutory laws of Liberia, namely: `Negligent failure to have notice served on the appellee.’ The appellant alleges that the said motion is not legally well-founded ; further, also, it is a misrepresentation of facts and laws which are not capable of proof at the trial.” We have a statute stating specifically the grounds upon which an appeal may be dismissed ; and to that statute we are bound to adhere. It reads as follows : “An appeal from a court of record may, upon motion properly taken, be dismissed for any of the following reasons : (a) Failure to file approved bill of exceptions within the time specified in section 1012 above; (b) Failure to file an approved appeal bond or material defect in an appeal bond (insofar as such failure or defect is not remedied in accordance with the provisions of section 1014 above) ; (c) Non-appearance of the appellant on appeal; or (d) Negligent failure to have notice served on the appellee. An appeal shall not be dismissed on any other ground, except as otherwise expressly provided by law.” 1956 Code, tit. 6, � 1020. None of the grounds provided in the above-quoted statute as grounds for the dismissal of an appeal having been alleged in the motion to dismiss, Count “4” of the resistance is sustained, the motion to dismiss is denied, and the case is ruled to trial on its merits; and it is hereby so ordered. Motion denied.