Wachovia Bank & Trust Co. v. Miller
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at August Term, 1922, of ^BUNCOMBE. This action was begun before a justice of the peace by the plaintiff’s testator, Gwyn Edwards, and was originally entitled Gwyn Edwards v. Willie Lee Miller. Edwards died, and the bank above named, as his executor, became a party plaintiff. Edwards secured judgment on 21 June, 1920, against Miller for $85, with interest on that sum from 21 June, 1918, with costs.
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Appeal by defendant from Lane, J., at August Term, 1922, of ^BUNCOMBE. This action was begun before a justice of the peace by the plaintiff’s testator, Gwyn Edwards, and was originally entitled Gwyn Edwards v. Willie Lee Miller. Edwards died, and the bank above named, as his executor, became a party plaintiff. Edwards secured judgment on 21 June, 1920, against Miller for $85, with interest on that sum from 21 June, 1918, with costs. Miller duly appealed to the Superior Court, in which court his appeal was docketed 29 June, 1920. On 25 June, 1920, Edwards paid the judgment, under the…
1Opinion of the Court
"WalKes, J.,
after stating tbe material facts: Tbe plaintiff’s contention that there was no permission given by tbe court to file tbe answer is without merit. Tbe court placed its decision upon no such ground, and, besides, it is too late now to come forward with such an objection. If permission was not in fact granted, it was eminently proper that it should have been. We base our decision upon tbe merits, discarding technical matters.
Tbe case lies within a narrow compass. There was a judgment in tbe justice’s court against tbe defendant, from which be duly and regularly appealed, and caused…
2Cases cited1 opinion
- Cowell v. GregorySupreme Court of North Carolina · 1902
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