Drafts v. . Summey

150 S.E. 631, 198 N.C. 69, 1929 N.C. LEXIS 409

Opinion

Per Oubiam.

The judgment dismissing defendants’ appeal from the judgment of the court of the justice of the peace to the Superior Court of Henderson County is affirmed. C. S., 660. Barnes v. Saleeby, 177 N. C., 256, 98 S. E., 708. Defendants having failed to docket their appeal as required by statute, plaintiff’s motion to dismiss said appeal was properly allowed. Whether or not the judgment of the justice of the peace in favor of plaintiff and against the defendants, is void on its face, is not presented or decided on this appeal. We decide only that there was no error in the judgment dismissing the appeal from the justice of the peace. The judgment is

Affirmed.