Legal Opinion

Sparrow v. Trustees of Davidson College

Supreme Court of North Carolina

Decided June 15, 1877PublishedCited by 3 opinions

Motion to dismiss an Appeal from a Justice’s Court, heard. at Spring Term, 1877, of Mecklenburg Superior Court, before Cloud, J. In 1876, the plaintiff brought an action against the defendant before a Justice of the Peace. The summons was returned “executed,” and judgment rendered .in favor of plaintiff. No execution was issued upon the judgment. The defendant failed to appeal foi a considerable time after the ten days which elapsed after the rendition of judgment.

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Motion to dismiss an Appeal from a Justice’s Court, heard. at Spring Term, 1877, of Mecklenburg Superior Court, before Cloud, J. In 1876, the plaintiff brought an action against the defendant before a Justice of the Peace. The summons was returned “executed,” and judgment rendered .in favor of plaintiff. No execution was issued upon the judgment. The defendant failed to appeal foi a considerable time after the ten days which elapsed after the rendition of judgment. The defendant did not appear at the trial, and had no notice of the judgment except in so far as the service of the summons may…

1Opinion of the CourtRodman, J.

The word “or” in ch. 63-, § 54, of Bat. Rev, evidently should be read “and.” It is probably a mere misprint. If a defendant be personally served with a Justice’s warrant he has notice of the action and is bound to take notice of the judgment if one be taken against him. McDaniel v. Watkins, 76 N. C. 399, is therefore in point.

Per Curiam. Judgment affirmed.

2Cases cited1 opinion

  1. McDaniel v. . WatkinsSupreme Court of North Carolina · 1877

3Cited by3 opinions

  1. Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
  2. State v. . JohnsonSupreme Court of North Carolina · 1891
  3. Spaugh v. . BonerSupreme Court of North Carolina · 1881

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