83 S.E. 616 | N.C. | 1914
This was an application for recordari and supersedeas, heard at chambers on 16 April, 1914.
Plaintiff recovered three judgments against defendant before O. C. Bruton, a justice of the peace: one for $100, on 8 December, 1913; another for $131.25, on 19 February, 1914; and the last one for $75, on the same day. The summons in each case was duly served and the trials proceeded regularly, though the defendant was not present. He attempted to appeal, but did not give notice thereof as required by Revisal, secs. 1491, 1492. The papers in the first case were docketed, not at the next (January) term of the Superior Court, but after the said term. He afterwards applied for this recordari in all the causes, and the judge found the foregoing facts, and further, that defendant had been guilty *531
of laches, and was negligent as to all three cases. He thereupon dismissed the first case, which had been docketed, and refused to allow the other two to be docketed. Defendant appealed.
We do not perceive any valid ground upon which the defendant can ask a reversal of the judgment. The court found that he had been guilty of negligence in looking after his appeals, had failed to serve the proper, or legal, notices of his appeal in each of the cases, and this finding as to his carelessness and indifference to his interests is well supported by the evidence. A (480) party who wishes to review the judgment against him cannot afford to be passive or idle. He must be active and vigilant, and see that the successive steps are taken to perfect his appeal. Love v. Love,
The appeal in the first case was properly dismissed, as it was not docketed at the first term to which it was returnable. Davenport v.Grissom,
There was no error in the proceedings below.
No error.
Cited: Bargain House v. Jefferson,
(481)