Dunn v. Marks.
Supreme Court of North Carolina
ActioN by Cbas. E. Dunn against A. Marks, beard by Judge W. B. Gouncill, at the December Term, 1905, of the Superior Court of Denote,. From an order granting leave to file a defense bond, and the refusal of judgment by default, the plaintiff appealed.
1Opinion of the CourtClabK, C. J.
This is an action of ejectment. At November Term, 1905, the first term after service of summons, the defendant filed his answer, but failed to file his defense bond as required by Revisal, section 453. No action was had at that term. At December term, the plaintiff moved for judgment for want of a defense bond. The court in its discretion granted 60 days leave to file such bond. From this order and the refusal of judgment by default, the plaintiff appealed. This is a motion to dismiss the appeal on the ground that this was a matter of discretion from which no appeal lay.
The plaintiff, having…
2Cases cited6 opinions
- Green v. . GriffinSupreme Court of North Carolina · 1886
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Avery v. . PritchardSupreme Court of North Carolina · 1885
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
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