Lentz v. Hinson

• Decision Date: 13 November 1907
• Citation: 59 S.E. 144,146 N.C. 31
• Parties: LENTZ v. HINSON.
• Court: North Carolina Supreme Court

59 S.E. 144

146 N.C. 31

LENTZ v. HINSON.

Supreme Court of North Carolina

November 13, 1907

Appeal from Superior Court, Stanly County; Moore, Judge.

Action by L. A. Lentz against James Hinson. From a judgment dismissing an appeal from a justice of the peace, plaintiff appeals. Affirmed.

An appeal from a justice in a civil case, not regularly docketed before the next regular term of the superior court, will be dismissed, though the term is for the trial of criminal cases.

R. E. Austin, for appellant.

J. R. Price and R. L. Smith, for appellee.

BROWN, J.

The record shows that the defendant secured judgment against plaintiff on a counterclaim before the justice of the peace on April 29, 1904, and at the time the plaintiff took an appeal to superior court and paid the justice's fees. The justice made out the transcript of appeal and handed it to the clerk of said court the same day. The clerk's fee for docketing was not paid or tendered, and he was not requested to docket the appeal, and it was not docketed or filed regularly until September 12, 1904. A regular term of the court was held July 18, 1904, and, although it was for the trial of criminal cases, the appeal should have been docketed by that term. The point is expressly decided, and the reasons given, in Blair v. Coakly, 136 N.C. 407, 48 S.E. 804.

Affirmed.