Wm. Froneburger v. . H. D. Lee .
Supreme Court of North Carolina
Motion to dismiss an appeal heard before Logan, Judge, at Fall Term 1861 of Cleaveland Superior Court. The plaintiff sued the defendants upon an account and they were cited to appear before a Justice of the Reace. Both parties appeared on the day of a trial, witnesses were examined, and the case was heard by the Justice, and a judgment rendered in favor of the defendants.
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Motion to dismiss an appeal heard before Logan, Judge, at Fall Term 1861 of Cleaveland Superior Court. The plaintiff sued the defendants upon an account and they were cited to appear before a Justice of the Reace. Both parties appeared on the day of a trial, witnesses were examined, and the case was heard by the Justice, and a judgment rendered in favor of the defendants. Several days after the trial, the plaintiff filed an affidavit and asked for a new trial before the Justice. A new trial was granted, and from this order of the Justice the defendants appealed to the Superior Court. In the…
1Opinion of the CourtDiCK, J.
Under our old system of practice and procedure, a Justice of the Peace had a right to grant a new trial when rendered against an absenRparty, if a proper application was made in ten days afterwards. Rev. Code, ch. 62, sec. 15.
The provisions of this Statute have not been materially changed under our new system. C. C. P., sec. 508.
When both parties to an action are present at a trial in a Justice’s Court, and the case is heard and judgment rendered, a new trial 'Cannot be allowed. The party dissatisfied with the judgment can have a remedy only by appeal to the Superior Court. C. C. P., sec. 528.
2Cited by3 opinions
- Navassa Guano Co. v. BridgersSupreme Court of North Carolina · 1885
- Gambill v. . GambillSupreme Court of North Carolina · 1883
- Salmon Ex Rel. Rogers v. McLeanSupreme Court of North Carolina · 1895