Christian v. Dorsey

The garnishee appealed to the district court from a judgment of a justice of the peace. He having failed to cause an entry of the appeal to be made by the clerk of the district court upon the calendar of actions for trial on or before the second day of the term, the plaintiff, on a subsequent day of the term, caused the same to be entered, and the judgment of the court below to be entered against the garnishee, with costs of both courts, as provided by G. S. § 5072. Subsequently, upon motion of the garnishee, and against the objections of the plaintiff, the court set aside the judgment, and…