Blacker v. Bullard, 196 N.C. 696 (1929)

March 6, 1929 · Supreme Court of North Carolina

196 N.C. 696

F. BLACKER v. E. M. BULLARD.

(Filed 6 March, 1929.)

1. Justices of the Peace — Procedure in Civil Cases — Rendition of Judgment.

A justice of the peace who takes the case before him under advisement and later renders judgment must notify the parties thereof to afford them opportunity to appeal in accordance with the provisions of the statute. C. S., 661, 1530.

2. Justices of the Peace — Review of Proceedings — Recordari.

Where a justice of the peace has taken a case under advisement and later renders judgment without notice to the defendant, the party against whom judgment is rendered, and the defendant does all that the law requires of him, after he had notice of the justice’s judgment, to perfect his appeal to the Superior Court within the time required by statute, C. S., 661, 1530, and later has recordari issued from the latter court, the judgment appealed from will not be held as final.

Appeal by plaintiff from Clement, J., at June Term, 1928, of Rich-mosd.

Civil action to recover $34.50, tbe value of merchandise alleged to have been sold and delivered to tbe defendant by plaintiff.

From a verdict and judgment in favor of defendant, tbe plaintiff appeals, assigning errors.

W. B. J ones for plaintiff.

J. G. Sedberry for defendant.

Stacy, C. J.

Judgment for tbe plaintiff was entered in tbe court of a justice of tbe peace, but tbis was reversed wben brought up on reoordairi and tried in tbe Superior Court, tbe jury having rendered a verdict for tbe defendant.

Tbe only question presented is whether tbe judgment of tbe justice of tbe peace became final upon tbe defendant’s failure to bring bis appeal to tbe next ensuing term of tbe Superior Court. C. S., 661, and 1530. But bis Honor finds that tbe defendant was misled by tbe justice of tbe peace, and that be did all that tbe law required of him after be bad notice of tbe justice’s judgment. In tbis we discover no error.

A justice of tbe peace is not obliged to render judgment at tbe conclusion of tbe bearing of a ease, but be may take tbe same under advisement. Reeves v. Davis, 80 N. C., 209. Wben tbis is done, and judgment subsequently rendered, be should notify tbe parties of its rendition. Osborne v. Furniture Co., 121 N. C., 364, 28 S. E., 362.

There is no reversible error appearing on tbe record, hence tbe verdict and judgment will be upheld.

No error.