Green v. . Hobgood
Supreme Court of North Carolina
This was a motioN by tbe plaintiff to dismiss an appeal from tbe court of a Justice of tbe Peace to tbe Superior Court of GeaNvillh county. The motion was heard at July (special) Term, 1875, Ms Honor Judge Moore presiding.
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This was a motioN by tbe plaintiff to dismiss an appeal from tbe court of a Justice of tbe Peace to tbe Superior Court of GeaNvillh county. The motion was heard at July (special) Term, 1875, Ms Honor Judge Moore presiding. The grounds upon which the motion to dismiss was based were, that no appeal was prayed by the defeudant at the time tbe judgment was rendered against Mm in tbe Justice’s court; that tbe plaintiff was not present, either in person or by attorney, at any time wben an appeal was prayed, nor was any notice ever given to the plaintiff of an appeal by tbe defendant, as required…
1Opinion of the Court
Settle J.
This is an appeal from an order of his Honor, Judge Moore, dismissing an appeal from a judgment of a. •Justice of the Peace, upon the ground that no appeal was. prayed by the defendant at the time of the rendition of the judgment, nor was the plaintiff present in person or by attorney at-any time when an appeal was prayed, nor was any notice of appeal from said judgment ever given to the plaintiff as required by law.
The statute regulating appeals from Justices of the Peace to the Superior Court, Bat. Rev. chap. 63, sec. 53, et s q. prescribes certain plain and simple requirements for…
2Cases cited1 opinion
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
3Cited by3 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Richardson v. DebnamSupreme Court of North Carolina · 1876
- Richardson v. . DebnamSupreme Court of North Carolina · 1876