(Filed 11 April, 1923.)
Courts — Criminal Terms — Motions in Civil Actions — Notice—Dismissal— Statutes.
It is required by the provisions' of our statute, C. S., 1444, that due notice be given of motions in civil actions to be heard at a criminal term of court, and where the movant has failed to give the statutory notice of his motion, and the Superior Court judge has ordered a dismissal of the action, the judgment will be reversed, on appeal.
Appeal by defendant Will Watkins from Broclc, J., at December Special Term of Foesyth.
This action was tried before Starbuch, J., and a jury, in Forsyth County Court at May Term, 1922, to recover damages for personal *609injuries due to tbe negligence of Phillips in driving an automobile belonging to tbe defendant Watkins, and plaintiff obtained judgment. Tbe defendant Watkins appealed to tbe Superior Court at November Term, 1922, of Forsyth, and tbe plaintiff moved to dismiss tbe appeal of tbe defendant Watkins, for that be bad failed to file tbe undertaking required by law. Tbe motion was continued to December Term, 1922, which was a one-week criminal term. Tbe motion was not beard at that term, but was continued and beard before Brock, J., at tbe December Special Term, which was ordered for criminal cases only, at which term tbe motion to dismiss was allowed, and tbe defendant appealed.
Moses Shapiro for plaintiff.
J ohn G. Wallace for Will Watkins.
Pee CuexaM.
C. S., 1444, provides that at criminal terms of tbe court “motions for civil action may be beard upon due notice, and trials in civil actions may be beard by consent of tbe parties.” The order to dismiss was made at a special criminal term, and without notice being given of such motion. This being a civil action, tbe judgment of dismissal must be
Reversed.