Osborne v. Catawba Furniture Co.
Supreme Court of North Carolina
This was a case on appeal from a Justice of the Peace, and heard before Greene, J., at Fall Term, 1897, of McDowell Superior Court. The plaintiff moved the Court to dismiss the appeal, for the reason that there was no notice of appeal served on the Justice of the Peace, no notice having been given in open Court before the Justice. The appearance of the plaintiff was a special one for the purpose of making the motion to dismiss the appeal.
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This was a case on appeal from a Justice of the Peace, and heard before Greene, J., at Fall Term, 1897, of McDowell Superior Court. The plaintiff moved the Court to dismiss the appeal, for the reason that there was no notice of appeal served on the Justice of the Peace, no notice having been given in open Court before the Justice. The appearance of the plaintiff was a special one for the purpose of making the motion to dismiss the appeal. It appearing to the Court from the records that there was no notice of appeal served on the Justice of the Peace, and no notice given in open Court before…
1Opinion of the Court
Furches, J.:
This appeal does not present the merits of the controversy between the parties. The plaintiff brought an action against the defendant before a Justice of the Peace. The parties appeared at the time and place named in the summons and proceeded to trial. The Justice, not being ready at the hearing to render his judgment, _ held the same under advisement. This he had a right to do. Reeves v. Davis, 80 N. C., 209. But when he rendered his judgment-he should have notified the parties. Reeves v. Davis, supra. This he did not do. But, as is shown, the defendant against-whom the judgment…
2Cases cited1 opinion
- Reeves v. . DavisSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Blacker v. . BullardSupreme Court of North Carolina · 1929