Davenport v. Grissom
Supreme Court of North Carolina
This was a civil action, heard, upon appeal from a Justice of the Peace, at the May Term, 1893, of the Superior Court of Beaufort County, by Bynum, J. The defendant, through his attorney, Charles F. Warren, who had entered a special appearance only, moved to dismiss the plaintiff’s appeal, on the ground that the same should have been docketed at May Term, 1892, of the Superior Court, which was the next term after the action was tried before the Justice of the Peace, whereas…
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This was a civil action, heard, upon appeal from a Justice of the Peace, at the May Term, 1893, of the Superior Court of Beaufort County, by Bynum, J. The defendant, through his attorney, Charles F. Warren, who had entered a special appearance only, moved to dismiss the plaintiff’s appeal, on the ground that the same should have been docketed at May Term, 1892, of the Superior Court, which was the next term after the action was tried before the Justice of the Peace, whereas it was not docketed until November Term, 1892, of said Court. Upon hearing of the motion, the Clerk of the Court…
1Opinion of the Court
Olakk, J.:
The judgment by the Justice having been rendered more than ten days before the next ensuing term of the Superior Court, the appeal should have been docketed at that term. The Code, §§876, 877, 880 and 565; Ballard v. Gay, 108 N. C., 544.
The attempted docketing at a subsequent term was a nullity, and the Judge properly held that the ease was not in the Superior Court, and that the plaintiff appellant could not take a nonsuit. To permit such course would have been to allow the appellant to avoid the effect of his delay in bringing up the appeal in proper time, and to institute a new…
2Cases cited4 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
- Ballard v. . GaySupreme Court of North Carolina · 1891
- Wilson v. . SeagleSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Barnes v. . SaleebySupreme Court of North Carolina · 1919
- Johnson v. Andrews.Supreme Court of North Carolina · 1903
- Southern Pants Co. v. SmithSupreme Court of North Carolina · 1899
- Johnson v. Reformers.Supreme Court of North Carolina · 1904
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