Clements v. Booth
Clements v. Booth
Opinion of the Court
The only exceptive assignment relates to the order allowing plaintiff’s motion to docket and dismiss the appeal. The question presented, therefore, is whether the facts found are sufficient to support the judgment. The appeal presents no other question. It is admitted that the rules governing appeals from the recorder’s court are the same as those applicable to appeals from a justice of the peace.
Judge McKeithen found facts as set forth in the judgment and held the defendants were guilty of laches and, in his discretion, permitted the appeal to be docketed and dismissed on plaintiff’s motion. The facts found warranted the trial court in holding the defendants guilty of laches. The judgment finds support in many decisions of this Court, among them the following: Electric Co. v. Motor Lines, 229 N.C. 86, 47 S.E. 2d 848; Trust Co. v. Cooke, 204 N.C. 566, 169 S.E. 148; S. v. Fleming, 204 N.C. 40, 167 S.E. 483; Barnes v. Saleeby, 177 N.C. 256, 98 S.E. 708; Helsabeck v. Grubbs, 171 N.C. 337, 88 S.E. 473; Tedder v. Deaton, 167 N.C. 479, 83 S.E. 616; Abell v. Power Co., 159 N.C. 348, 74 S.E. 881; Peltz v. Bailey, 157 N.C. 166, 72 S.E. 978; Southern Pants Co. v. Smith, 125 N.C. 588, 34 S.E. 552.
The facts found are sufficient to support the judgment, and the same is
Affirmed.
Reference
- Full Case Name
- OTIS R. CLEMENTS v. J. M. BOOTH and Wife, MRS. J. M. BOOTH
- Status
- Published