Tedder v. . Deaton
Supreme Court of North Carolina
Appeal by defendant from Harding, ■J., at April Term, 1914, of MONTGOMERY. This was an application for recorda/ri and supersedeas, heard at chambers on 16 April, 1914. Plaintiff recovered three judgments against defendant before O. 0. Bruton, a justice of the peace: one for $100, on 8 December, 1913; another for $131.25, on 19 February, 1914; and the last one for $75, on the same day.
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Appeal by defendant from Harding, ■J., at April Term, 1914, of MONTGOMERY. This was an application for recorda/ri and supersedeas, heard at chambers on 16 April, 1914. Plaintiff recovered three judgments against defendant before O. 0. Bruton, a justice of the peace: one for $100, on 8 December, 1913; another for $131.25, on 19 February, 1914; and the last one for $75, on the same day. The summons in each case was duly served and the trials proceeded regularly, though the defendant was not present. He at-0 tempted to appeal, but did not give notice thereof as required by Eevisal, secs. 1491,…
1Opinion of the Court
Walker, J.,
after stating the ease: We do not perceive any-valid ground upon which the defendant can ask a reversal of the judgment. The court found that he had been guilty of negligence in looking after his appeals, had failed to serve the proper, or legal, notices of his appeal in each of the cases, and this finding as to his carelessness and indiffer ence to bis interests is well supported by the evidence. A party wbo wishes to review the judgment against him cannot afford to be passive or idle. He must be active and vigilant, and see that the successive steps are taken to perfect his…
2Cases cited10 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- McDaniel v. . WatkinsSupreme Court of North Carolina · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bargain House v. . JeffersonSupreme Court of North Carolina · 1920
- State v. . LakeySupreme Court of North Carolina · 1926
- Davenport v. . GrissomSupreme Court of North Carolina · 1893
- Pickens v. . WhittonSupreme Court of North Carolina · 1921
- Bargain House v. . JeffersonSupreme Court of North Carolina · 1920
3 more not listed; retrieve them via the Exa API.