Lackey v. . Pearson
Supreme Court of North Carolina
This action was begun on February 26th, 1887, and prosecuted to judgment before a Justice of the Peace of Burke-County, and removed by defendant’s appeal to the Superior Court of the county, and was tried before Merrimon, J., and a jury, at March Term, 1888. The complaint states that the plaintiff, as Commissioner,, had been ordered at Fall Term, 1886, of said Court, to make-sale of a house and lot and certain drugs for cash, and that he did make such sale on January 3d,…
Read the full summary
This action was begun on February 26th, 1887, and prosecuted to judgment before a Justice of the Peace of Burke-County, and removed by defendant’s appeal to the Superior Court of the county, and was tried before Merrimon, J., and a jury, at March Term, 1888. The complaint states that the plaintiff, as Commissioner,, had been ordered at Fall Term, 1886, of said Court, to make-sale of a house and lot and certain drugs for cash, and that he did make such sale on January 3d, 1887, at which the-defendant bought of the personalty to the amount of seventy-four dollars, and received possession…
1Opinion of the CourtSmith, C. J.
(after stating the case.) Upon taking up the cause in the Court the plaintiff moved to dismiss the appeal, upon the ground that the undertaking given to sustain it recites the judgment as having been rendered on March 23d, 1888, while the record shows it to have been rendered on the 5th day of that month.
The exception is without force. The term of the Court began on March 5th, the first Monday thereof, and under the statute (Acts 1885, ch. 180, § 1) was continued two weeks, and while the two weeks had expired, the judgment in every other respect is correctly described in the undertaking, so…
2Cases cited4 opinions
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- Council v. . RiversSupreme Court of North Carolina · 1871
- Lord v. . MeroneySupreme Court of North Carolina · 1878
- Winfield v. . BurtonSupreme Court of North Carolina · 1878
3Cited by2 opinions
- Lyman v. Southern Coal Co.Supreme Court of North Carolina · 1922
- Cotten, Ex ParteSupreme Court of North Carolina · 1867