Lentz v. . Hinson
Supreme Court of North Carolina
Atpeal from a justice of the peace, heard by Moore, J., at March Term, 1907, of the Superior Court of StaNly County, upon motion to dismiss the appeal. From the judgment of the Superior Court dismissing the appeal the plaintiff appealed.
1Opinion of the CourtBe.owN, J.
The record shows that the defendant secured judgment against plaintiff on a counterclaim before the justice of the peace, on 29 April, 1904, and at the time the plaintiff took an appeal to Superior Court and paid the justice’s fees. The justice made out the transcript of appeal and handed it to the Clerk of said Court the same day. The Clerk’s fee for docketing was not paid or tendered, and he was not requested to docket the appeal, and it was not docketed or filed regularly until 12 September, 1904. A regular term of the Court was held 18 July, 1904, and, although it was for the trial of…
2Cited by6 opinions
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- Love v. . HuffinesSupreme Court of North Carolina · 1909
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