Hawks v. Hall.
Supreme Court of North Carolina
• ActioN by A. IL Hawks against A. M. Hall, heard on appeal from a justice of the peace by Judge O. II. Allen and a jury, at the May Term, 1905, of the Superior Court of Sampson County. This action was begun in a justice’s court, and was to recover the sum of $34.75, with interest thereon from the 12th day of September, 1903. Summons was issued on May. 16,, 1904, and ease was tried before B. II.
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• ActioN by A. IL Hawks against A. M. Hall, heard on appeal from a justice of the peace by Judge O. II. Allen and a jury, at the May Term, 1905, of the Superior Court of Sampson County. This action was begun in a justice’s court, and was to recover the sum of $34.75, with interest thereon from the 12th day of September, 1903. Summons was issued on May. 16,, 1904, and ease was tried before B. II. Hubbard, J. P., on May 24, 1904. The justice rendered judgment for the defendant against the plaintiff for cost. Plaintiff gave verbal notice of appeal in open'court when judgment was rendered, and…
1Opinion of the Court
CoNkojr, J.,
after stating the facts: This record presents,' the somewhat remarkable feature of an appeal from a judgment to which there is no exception and no suggestion of any error committed, at any stage of tbe trial. Tbe point upon which we are asked to reverse tbe judgment was not made below, and tbe fact upon wbieb tbe motion is based was not known to counsel until after tbe judgment was rendered and the court adjourned. To meet this condition tbe defendant’s very ingenious counsel insists that tbe failure of tbe justice to sign tbe return on appeal deprives tbe Superior Court of any…
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