35 N.C. 112 | N.C. | 1851
This suit was begun by a warrant for "$12 forfeited by the defendant by not working on a public road leading," etc., "for twelve days, though lawfully summoned by the plaintiff, the overseer of said road." the magistrate gave judgment against defendant for $12 and costs, and plaintiff appealed; and at the next term of the county court, in February, 1851, the appeal was returned, and for want of defendant's appearance, the plaintiff's attorney took a judgment by default final for $12 and costs. At May term following, the county court, for cause shown by defendant, ordered that the judgment by default should be set aside and defendant allowed to plead; and plaintiff appealed from the order. His Honor was of opinion that the judgment by default in the county court ought not to have been final, and that it was irregular thus to enter it in the office; and, therefore, it was proper to set it aside. But his Honor was further of opinion that an appeal did not (113) lie from the order of the county court, and for that reason he dismissed the appeals and then awarded a procedendo, and plaintiff appealed to this Court.
It was a mistake to suppose that an appeal does not lie to the Superior Court from an order of the county court allowing an amendment or setting aside a judgment for irregularity, as the contrary has been often decided.Slade v. Burton,
PER CURIAM. Affirmed.
Cited: Murphrey v. Wood,
Dist: White v. Snow,