Pickens v. . Whitton
Supreme Court of North Carolina
Appeal by defendants from Adams, J., at August Term, 1921, of BuNcombe. This action was begun before a justice of the peace, and on 4 June, 1921, judgment was rendered by said justice against the defendants, who appealed. On 13 August the defendants applied to Adams, J., in the Superior Court, for recordari. The motion was refused, and the petitioner appealed.
1Opinion of the CourtOlaeK, C. J.
The justice of the peace rendered judgment against the .defendants 4 June, 1921. The next term of the Superior Court began within two days thereafter, and it was not incumbent upon the appellants to docket the appeal at that term, it being within less than 10 days, though they could have done so if they had chosen. But the appeal was required to be docketed at the next term of the Superior Court, which began on 11 July, being for the trial of both civil and criminal causes, Barnes v. Saleeby, 177 N. C., 256; Abell v. Power Co., 159 N. C., 348; Peltz v. Bailey, 157 N. C., 166; Blair v.…
2Cases cited12 opinions
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- Barnes v. . SaleebySupreme Court of North Carolina · 1919
- Hahn v. . GuilfordSupreme Court of North Carolina · 1882
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3Cited by1 opinion
- Starr Electric Co. v. Lipe Motor Lines, Inc.Supreme Court of North Carolina · 1948