Rawls v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at May Term, of Pamlico. This is an action to recover damages for the loss of 125 crates of cabbage, tried in the Superior Court on appeal by defendant from a judgment of a justice of the peace. When the case was called for trial at May Term, 1916, the plaintiff moved to dismiss the appeal because it .was not docketed at the next term after the trial before the justice. The motion was denied, and the plaintiff excepted.
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Civil actioN tried before Whedbee, J., at May Term, of Pamlico. This is an action to recover damages for the loss of 125 crates of cabbage, tried in the Superior Court on appeal by defendant from a judgment of a justice of the peace. When the case was called for trial at May Term, 1916, the plaintiff moved to dismiss the appeal because it .was not docketed at the next term after the trial before the justice. The motion was denied, and the plaintiff excepted. The court found the following facts in reference to the appeal: That the case was tried 18 August, 1914, before I. W. Miller, J. P.,…
1Opinion of the CourtAlleN, J.
The authorities fully sustain the position of the plaintiff that it is the duty of one who appeals from a judgment of a justice of the peace to see that his appeal is docketed at the next term of the Superior Court (Abel v. Power Co., 159 N. C., 348); but as was said in Love v. Huffines, 151 N. C., 380: “It does not follow that the appellee, by whom the judgment before the justice was obtained, could not waive his right to object to any irregularities in the procedure by which the case was carried into the Superior Court, by his own laches or by such conduct as would be tantamount to an…
2Cases cited2 opinions
- Abell v. Thornton Light & Power Co.Supreme Court of North Carolina · 1912
- Love v. HuffinesSupreme Court of North Carolina · 1909
3Cited by7 opinions
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Winborne Ex Rel. Fentress v. LloydSupreme Court of North Carolina · 1936
- Robinson v. . Life Co.Supreme Court of North Carolina · 1913
- Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942
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