Green v. . Hobgood

74 N.C. 234

• Court: Supreme Court of North Carolina
• Decided: January 5, 1876
• Status: Published

Opinion

Settle J.

This is an appeal from an order of his Honor, Judge Moore, dismissing an appeal from a judgment of a. •Justice of the Peace, upon the ground that no appeal was. prayed by the defendant at the time of the rendition of the judgment, nor was the plaintiff present in person or by attorney at-any time when an appeal was prayed, nor was any notice of appeal from said judgment ever given to the plaintiff as required by law.

The statute regulating appeals from Justices of the Peace to the Superior Court, Bat. Rev. chap. 63, sec. 53, et s q. prescribes certain plain and simple requirements for perfecting appeals, the neglect of which so long since the Code went into operation, should not receive the indulgence of the courts. The matters of excuse presented by the defendant are not •sufficient.

His counsel referred as to the case of Marsh v. Cohen, 68 N. C. Rep. 283, but that is an authority directly in point against the defendant.

It is there said, “ if an appeal of which no notice had been given to the opposite party, (the word no, before notice is omitted in the report of the case, but this is evidently a mistake) should be docketed in the Superior Court, while the Judge would certainly refuse to try the case until reasonable notice was given and might dismiss the appeal, he might also in his discretion retain the case and allow a reasonable time in which to give notice.” _

■In the case before us his Honor dismissed the appeal, as we ■think properly.

His judgment is therefore affirmed. Let this certified, &c.

Pee Curiam. Judgment affirmed.