Wm. Froneburger v. . H. D. Lee .

66 N.C. 333

Opinion

DiCK, J.

Under our old system of practice and procedure, a Justice of the Peace had a right to grant a new trial when rendered against an absenRparty, if a proper application was made in ten days afterwards. Rev. Code, ch. 62, sec. 15.

The provisions of this Statute have not been materially changed under our new system. C. C. P., sec. 508.

When both parties to an action are present at a trial in a Justice’s Court, and the case is heard and judgment rendered, a new trial 'Cannot be allowed. The party dissatisfied with the judgment can have a remedy only by appeal to the Superior Court. C. C. P., sec. 528.

There was error in the ruling of His Honor. This will be certified to the end that the proper proceedings may be had to set aside the order for a new trial made by the Justice.

Pee CueiaM. Judgment affirmed.