MASSENBURG v. FOGG

No. 393.

124 S.E.2d 868 (1962)

256 N.C. 703

Calvin C. MASSENBURG v. Clara FOGG.

Supreme Court of North Carolina.

April 11, 1962.


Attorney(s) appearing for the Case

Gilliland & Clayton by Theauseus T. Clayton, Warrenton, for plaintiff appellant.

Banzet & Banzet, Warrenton, for defendant appellee.


PER CURIAM.

Plaintiff has not excepted to the court's finding that the appeal was docketed in the office of the clerk of the Superior Court in a proper manner. We interpret that finding to mean the appeal was docketed at the next term of the Superior Court after the justice of the peace rendered his judgment. The court did not need to hear evidence to establish that fact. The J. P. was required to certify the original papers to the Superior Court. G.S. § 42-37...

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