Whitaker v. . Dunn

Citations

• 29 S.E. 54
• 122 N.C. 103
• 1898 N.C. LEXIS 201

Syllabus

<p>Practice — -Premature Appeal — Amendment of Summons.</p> <p>1. An appeal from the refusal of á motion in the Superior Court to dismiss an appeal from a judgment of a Justice of the Peace, and allowing an amendment to the summons, is premature, the proper practice being to note an exception and to appeal from the final judgment.</p> <p>2. In the trial of an appeal from the judgment of a Justice of the Peace in an action for the recovery of personal property,an .amendment to the summons to show the value of the property was properly allowed, its effect being to show and not to confer jurisdiction.</p>