19 S.E. 105 | N.C. | 1894
The judgment was rendered at a term of court which adjourned 3 June, 1893. On 8 June, 1893, counsel for appellant, *80
Nancy Bunn, caused notice of appeal to be entered, and mailed from Rocky Mount, by registered letter, notice of appeal and statement of case on appeal, with copies and fees for service, to the sheriff (114) of Northampton County, at Jackson, the county seat. The appellees' counsel resided in that town and there was ample time to have served the papers before the expiration of the ten days, "which, excluding the first day and including the last" (The Code, sec. 596); would have expired 13 June at midnight. The ten days is to be computed not from the day judgment was rendered, but from 3 June, the day on which court actually adjourned. Turrentine v. R. R.,
If the facts were controverted the case might be remanded to the judge below to find the facts, but being undenied it is clear that no laches is imputable to appellant. The case is remanded to the Superior Court of Vance County. Following the precedent in Walker v. Scott,
Remanded.
Cited: Causey v. Snow,
(115)