West v. . Reynolds
Supreme Court of North Carolina
Civil action, pending in the Superior Court of Buncombe county, heard at Chambers by Oudger, Judge, on December 1st, 1885. The plaintiff, on the 20th day of May, 1885, in an action before a Justice of the Peace, recovered judgment for $124}^-against the defendant, who appealed, and three days thereafter caused notice thereof to be served as required by law, and paid the fees due the Justice.
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Civil action, pending in the Superior Court of Buncombe county, heard at Chambers by Oudger, Judge, on December 1st, 1885. The plaintiff, on the 20th day of May, 1885, in an action before a Justice of the Peace, recovered judgment for $124}^-against the defendant, who appealed, and three days thereafter caused notice thereof to be served as required by law, and paid the fees due the Justice. Soon afterwards, the Justice deposited the papers, proceedings and judgment in the case, with the Clerk of the Superior Court, with the notice of appeal. The Clerk placed them in an envelope, labelled…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It is the duty of the Justice from whose judgment an appeal is taken, to “make a return to the appellate Court, and to file with the Clerk, the papers constituting the cause, within ten days after the service on him of the notice of the appeal,” and this was done. The Code, §878.
So, when this is done, the Clerk is required to enter “the case on his trial docket,” for trial at the ensuing term. §880.
It will be observed, that while the section which requires the service of the Justice, in perfecting the appeal by transmitting the papers, in express terms, declares…
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