Richardson v. Debnam
Supreme Court of North Carolina
Motion by the plaintiffs to dismiss an appeal from the judgment of a Justice of the Peace, and counter motion by defendant, to be allowed to file proper undertakings, heard before Henry, J., at Spring Term, 1876, of Wake Superior Court.
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Motion by the plaintiffs to dismiss an appeal from the judgment of a Justice of the Peace, and counter motion by defendant, to be allowed to file proper undertakings, heard before Henry, J., at Spring Term, 1876, of Wake Superior Court. The following is the return made by the trial Justice to the Superior Court of Wake County: “An appeal having been taken in this action by the defendants, I, EL A. Rhodes, the Justice before whom the same was tried, in pursuance of the notice of appeal hereto annexed, do certify and return that the following proceedings were heard by and before me. ***** After…
1Opinion of the CourtBynum, J.
This case is clearly distinguishable from that of Green v. Hobgood, 74 N. C. Rep., 234. There it did not appear that notice of appeal was communicated to the plaintiff either before or at the trial. Here the notice was given to the plaintiff at or immediately before the trial, by the trial magistrate, who was instructed by the defendant to enter the appeal in case the judgment was againát him. When the parties are present at the trial a verbal notice of appeal is sufficient. For the purpose of notice the magistrate was the agent of the defendant, made such by the instructions of the defendant…
2Cases cited1 opinion
- Green v. . HobgoodSupreme Court of North Carolina · 1876
3Cited by2 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- State v. . GriffisSupreme Court of North Carolina · 1895