Chester & Lenoir Railroad v. Richardson
Supreme Court of North Carolina
MotioN to dismiss an Appeal from a justice’s court, heard at Fall Term, 1879, of LincolN Superior Court, before Bux-ton, J. The motion was refused and the defendant appealed.
1Opinion of the CourtSmith, C. J.
On the trial before a justice of the peace on .the 1st day of December, 1876, both parties being present, judgment was rendered for defendant. On the 8th day of the month the appeal was taken by the plaintiff, written notice thereof left with the justice, and an undertaking entered into for the stay of execution. No notice of the appeal, written or verbal, was given to the defendant. Upon the calling of the cause in the superior court at fall term, 1879, the defendant moved to dismiss the plaintiff’s appeal for want of notice, as required by Bat. Rev., ch. 63, § 54. The motion was denied and…
2Cases cited4 opinions
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Mitchell v. . KilburnSupreme Court of North Carolina · 1876
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1879
3Cited by7 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Cameron v. . BennettSupreme Court of North Carolina · 1892
- West v. . ReynoldsSupreme Court of North Carolina · 1886
- Hunter v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
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