Blacker v. . Bullard

146 S.E. 807, 196 N.C. 696, 1929 N.C. LEXIS 77

• Court: Supreme Court of North Carolina
• Decided: March 6, 1929
• Status: Published

Opinion

Stacy, C. J.

Judgment for tbe plaintiff was entered in tbe court of a justice of tbe peace, but tbis was reversed wben brought up on reoordairi and tried in tbe Superior Court, tbe jury having rendered a verdict for tbe defendant.

Tbe only question presented is whether tbe judgment of tbe justice of tbe peace became final upon tbe defendant’s failure to bring bis appeal to tbe next ensuing term of tbe Superior Court. C. S., 661, and 1530. But bis Honor finds that tbe defendant was misled by tbe justice of tbe peace, and that be did all that tbe law required of him after be bad notice of tbe justice’s judgment. In tbis we discover no error.

A justice of tbe peace is not obliged to render judgment at tbe conclusion of tbe bearing of a ease, but be may take tbe same under advisement. Ree ves v. Davis, 80 N. C., 209. Wben tbis is done, and judgment subsequently rendered, be should notify tbe parties of its rendition. Osborne v. Furniture Co., 121 N. C., 364, 28 S. E., 362.

There is no reversible error appearing on tbe record, hence tbe verdict and judgment will be upheld.

No error.