Penny v. . Smith
Supreme Court of North Carolina
Petition por a cartway, filed at December Term, 1862, of Davie County Court. At March Term, 1863, tbe petition was dismissed, and thereupon the petitioner prayed an appeal to the Superior Court. Afterwards, during the same term, the petitioner moved to amend his petition, and this ■was allowed by the court.
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Petition por a cartway, filed at December Term, 1862, of Davie County Court. At March Term, 1863, tbe petition was dismissed, and thereupon the petitioner prayed an appeal to the Superior Court. Afterwards, during the same term, the petitioner moved to amend his petition, and this ■was allowed by the court. In the Superior Court, at Fall Term, 1863, the defendant moved to dismiss the petition, upon the ground that the County Court had no power to amend, after dismissing it and granting an appeal. Bailey, J., having refused t
1Opinion of the CourtPearson, C. J.
The Judge had a discretion to allow an appeal bond to be filed in the ¡Superior Court, and with the exercise of that discretion this court has no right to interfere.
The motion to dismiss the appeal, upon the ground that the County Court had no power to amend the petition after dismissing it and granting an appeal to the Superior Court, was put on the ground that the court was functus officio jn respect to the case, and had no further control over it, In this the counsel for the defendant is mistaken. The proceedings of the court are in fieri until the expiration of the term, and, until then,…
2Cited by1 opinion
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