Spaugh v. . Boner

The facts of this case so nearly resemble those-which existed in the case of Sparrow v. T he Trustees of Davidson College, 77 N. C., 35, as to render that case a controlling authority in this. There, as here, a summons issued from a justice’s court, was served on the defendant who failed to appear at the trial, and judgment was rendered against him. More than ten days thereafter he gave notice of appeal, and the justice made his return thereto, to the next term of the superior court, when a motion to dismiss the appeal, as not taken in time, was allowed, and upon an appeal to this court the…