State v. . Johnson
Supreme Court of North Carolina
Proceeding- in bastardy, tried upon appeal from, a Justice of the Peace, before Boykin, J., at August Term, 1891, of DupuN Superior Court. When the case was called for trial,‘the defendant moved to dismiss the appeal for want of notice to him.
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Proceeding- in bastardy, tried upon appeal from, a Justice of the Peace, before Boykin, J., at August Term, 1891, of DupuN Superior Court. When the case was called for trial,‘the defendant moved to dismiss the appeal for want of notice to him. Upon said motion his Honor found the following facts: That the proceeding was instituted before a .Justice of the Peace of Duplin County, and was tried before him on the 4th day of March, 1891; that upon said trial the defendant was acquitted and judgment rendered in his favor; that no notice of appeal was given at trial; that on the 10th day of March,…
1Opinion of the Court
Clark, J.:
The Court having refused the motion to dismiss, the defendant pursued the proper course in having his exception noted “ to save his rights,” and proceeding with the trial. Spaugh v. Boner, 85 N. C., 208. The final judgment being against him, the appeal now brings up the exception for review. The subsequent general appearance for the purposes of the trial did not waive his exception for the refusal to dismiss. Suiter v. Brittle, 90 N. C., 20.
On the facts found, his Honor erred in finding that there was sufficient service. The statute requires (unless the appeal shall be taken at the…
2Cases cited14 opinions
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Hemphill v. MooreSupreme Court of North Carolina · 1889
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- Ballard v. . GaySupreme Court of North Carolina · 1891
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