Corbett Buggy Co. v. McLamb
| Decision Date | 28 September 1921 |
| Docket Number | 105. |
| Citation | 108 S.E. 344,182 N.C. 762 |
| Parties | CORBETT BUGGY CO. v. MCLAMB ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Harnett County; Devin, Judge.
Action by the Corbett Buggy Company against Gethro McLamb and others, before a justice. Judgment for plaintiff was affirmed on appeal, and, from a judgment overruling the motion to set it aside, defendants appeal. Appeal dismissed.
This was a motion, filed in the superior court, to set aside two judgments upon the ground of excusable neglect, and upon the further ground that they purported to be consent judgments; whereas, movants allege that said judgments were entered by their codefendant without authority from them and without their consent.
Where the record on an appeal from a judgment overruling a motion to set aside two judgments was not docketed until long after the expiration of the term at which the case should have been heard, the appeal will be dismissed.
E. F. Young, of Dunn, for appellants McLamb.
L. J. Best and Clifford & Townsend, all of Dunn, for appellee.
The judgment which forms the basis of this appeal was rendered at the November term, 1920, of Harnett superior court. The record was not docketed here until August 27, 1921, long after the term at which the case should have been heard had expired. Hence the plaintiff's motion to dismiss the appeal must be allowed. State v. Telfair, 139 N.C. 555, 51 S.E. 911.
Notwithstanding the motion to dismiss, we have examined the record, and have been unable to find any reason for disturbing the result below. Upon the merits, the case should be affirmed.
Appeal dismissed.
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State v. Ward
...not docketed until the next succeeding term will be dismissed. S. v. Telfair, 139 N.C. 555 (2 Anno. Ed.) and cases there cited; Buggy Co. v. Lamb, 182 N.C. 762; Rogers Asheville, Id. 596." The court in that case fully discussed the matter now before us, and we reiterate what was there said.......
- Coburn v. American Ry. Express Co.