Worthy v. . Brady

The defendants’ motion to dismiss the plaintiff’s appeal because his undertaking was not filed within ten daj's after rendition of judgment, is refused. The undertaking recites the judgment as having been recovered on the 31st day of December, 1883, which was the first day of the term, following the fiction that refers all the business of a term to its beginning, while a judgment does not become complete and final until its close, as is held in Clifton v. Wynne, 81 N. C., 160, in construing an act of the general assembly.

The trial in fact occurred, as is shown in affidavits of appellant’s…