Abell v. Thornton Light & Power Co.
Supreme Court of North Carolina
Appeal by defendant from Foushee, J., at October Term, 1911, of Catawba. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Walker. ■ c,
1DissentBrown, J.
I differ with my brethren in the conclusion that the defendant, appellant, has been1 guilty of any laches by which he has forfeited the right to have his appeal docketed in the Superior Court of Catawba County and tried de novo.
The cause was tried by a justice of the peace on 16 May, 1911. The defendant appealed to the Superior Court. On 7 July, 1911, the defendant’s attorney, having duly appealed in open court and given notice of appeal, paid the justice of the peace his fee of 30 cents for sending up the transcript of appeal. The justice of the peace, on 7 July, 1911, made his return to the…
2Cases cited1 opinion
- Peltz v. . BaileySupreme Court of North Carolina · 1911