Taylor v. Johnson
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at November Term, 1915, of HARNETT. Civil action beard on motion to dismiss defendant’s appeal from tbe recorder’s court.
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Appeal by plaintiff from Devin, J., at November Term, 1915, of HARNETT. Civil action beard on motion to dismiss defendant’s appeal from tbe recorder’s court. It appeared that tbe action, one of debt, was instituted in tbe recorder’s court of said county and judgment was rendered in plaintiff’s favor in August, and defendants took an appeal therefrom more tban ten days before tbe next or September term of Superior Court of said county, and at tbe next term of Superior Court said appeal was not entered or docketed, nor was there any motion made for recordari or certiorari. At tbe following tbe…
1Opinion of the CourtHoras, J.
The statute establishing a recorder’s court for Harnett County, Public-Local Laws 1913, ch. 602, confers criminal jurisdiction in certain specified causes, with the right of appeal therein. The act also confers jurisdiction in cases of contract and tort, the former to the amount of $500 and the latter of $300; but in civil causes no appeal is provided for. This right of appeal from a lower to a higher court was not recognized at common law in causes of this character. In such eases relief from erroneous judgments was obtained by writ of error or of false judgment; these writs emanating from…
2Cases cited10 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- State v. . TrippSupreme Court of North Carolina · 1914
- State v. . WyldeSupreme Court of North Carolina · 1892
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- State v. . BaileySupreme Court of North Carolina · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Pue v. HoodSupreme Court of North Carolina · 1942
- Cox v. City of KinstonSupreme Court of North Carolina · 1940
15 more not listed; retrieve them via the Exa API.