Legal Opinion

Southern Pants Co. v. Smith

Supreme Court of North Carolina

Decided December 22, 1899PublishedCited by 15 opinions

Civil ActioN instituted in the Justice’s Court of Polk County, and carried by appeal of defendant to the Superior Court, when it was tried by Coble, J., at Spring Term, 1899. The appeal was not docketed at the next ensuing term of the Superior Court, and the plaintiff moved to dismiss the appeal on that account. The defendant’s excuse was that the trial Justice had informed him that it had been done. Motion to dismiss disallowed, and plaintiff excepted.

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Civil ActioN instituted in the Justice’s Court of Polk County, and carried by appeal of defendant to the Superior Court, when it was tried by Coble, J., at Spring Term, 1899. The appeal was not docketed at the next ensuing term of the Superior Court, and the plaintiff moved to dismiss the appeal on that account. The defendant’s excuse was that the trial Justice had informed him that it had been done. Motion to dismiss disallowed, and plaintiff excepted. The trial was proceded with, and a verdict was rendered for defendant. Judgment against the plaintiff, who appealed to Supreme Court.

1Opinion of the CourtEaiRCloth, C. J.

On May 16, 1898, the plaintiff obtained a judgment against defendants in a court of Justice of the Peace. The defendant Smith gave notice of an appeal. The case on appeal was not sent up, nor docketed at the next term of the Superior Oourt, held on November 21, 1898, nor did the appellant take any steps at said term to have his case docketed. In April, 1899, the defendant applied to the Judge holding the courts in the distirict for a writ of record-ari and supersedeas. The order was granted, and on May 28, 1899, the Justice of the Peace made his return of proceedings had before him. No notice…

2Cases cited3 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1891
  2. Davenport v. GrissomSupreme Court of North Carolina · 1893
  3. Ballard v. . GaySupreme Court of North Carolina · 1891

3Cited by15 opinions

  1. Blair v. Coakley.Supreme Court of North Carolina · 1904
  2. Barnes v. . SaleebySupreme Court of North Carolina · 1919
  3. Johnson v. Andrews.Supreme Court of North Carolina · 1903
  4. Abell v. Thornton Light & Power Co.Supreme Court of North Carolina · 1912
  5. Peltz v. . BaileySupreme Court of North Carolina · 1911

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