State v. . Walker
Cases that cite this one
2 later published cases cite this decision.
- Herz v. Hamilton (Iowa 1924)
- State v. Gregory (N.C. 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(after stating the facts). This case is substantially like that of State v. Lyon, 93 N. C., 575. No appeal lay from the order of the justice of the peace, requiring the defendant with sureties to enter into recognizance to keep the peace. The Court ought, therefore, to have granted the motion to dismiss the supposed appeal. It ought not to have made the order discharging the defendant, because the proceeding was not in the Superior Court. It remained before the justice of the peace to be proceeded in according to law.
The order discharging the defendant must be reversed, and an order entered dismissing the supposed appeal.
To that end let this opinion be certified to the Superior Court. It is so ordered.
Error. Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.