State v. . Griffis
Supreme Court of North Carolina
The defendant was found guilty before a justice of the peape of a trespass on land and from an order suspending judgment on payment of costs he appealed to the Superior Court of Wake county, when, at July Term, 1895, it was .heard before Timberlal&e, J. Counsel for State moved to dismiss the appeal upon the ground that on the record as certified to by the Justice, no appeal could lie. The record was as follows : “Affidavit.
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The defendant was found guilty before a justice of the peape of a trespass on land and from an order suspending judgment on payment of costs he appealed to the Superior Court of Wake county, when, at July Term, 1895, it was .heard before Timberlal&e, J. Counsel for State moved to dismiss the appeal upon the ground that on the record as certified to by the Justice, no appeal could lie. The record was as follows : “Affidavit. “Edith M. Partin, being duly sworn, says that James 'Griffis did on or about the 10th of April, 1895, wil-fully and unlawfully enter and trespass upon her land in Middle…
1Opinion of the Court
Avery, J.:
¥e have had occasion in State v. Crook, 115 N. C., 763, to comment upon the fact that the practice adopted in the courts of this State of suspending judgment upon the payment of cost, is a peculiar one for which we have searched in vain for precedents elsewhere. Indeed, it has proved difficult to find adjudications in other courts furnishing any analogies which would aid us in reaching a conclusion as to the force and effect of such orders. It appears, however, that a practice somewhat similar had prevailed for many years in the courts of Massachusetts before it received the…
2Cases cited16 opinions
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3Cited by12 opinions
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- State v. . TrippSupreme Court of North Carolina · 1914
- State v. . HiltonSupreme Court of North Carolina · 1909
- State v. ColeSupreme Court of North Carolina · 1955
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