# Peltz v. . Bailey

> Supreme Court of North Carolina · November 27, 1911 · 157 N.C. 166

URL: https://www.frixlaw.com/law-library/cases/9808371

## Case

- **Full name:** E. Peltz and L. Richardson v. J. Milton Bailey.
- **Court:** Supreme Court of North Carolina
- **Decided:** November 27, 1911
- **Citations:** 157 N.C. 166; 72 S.E. 978; 1911 N.C. LEXIS 27
- **Precedential status:** Published
- **Opinion:** Dissent by BeowN
- **Judges:** Clare, Beown
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9808371

## Opinion text

BeowN, J.,
dissenting. Upon the facts as found by the judge of the Superior Court, the defendant took an appeal in open •court from the judgment rendered, and paid the fees of the justice of the peace fixed by law, and demanded that the transcript be forwarded to the Superior Court. This was not •done. I think the defendant did all the law required of him, and that it was the duty of the justice to forward the appeal without further request. Having done all the law required, I think the defendant ought not to be charged with the justice’s neglect, and that the case should be docketed as upon recordari. Where there is no substantial negligence upon part of a litigant, his cause should not be dismissed. The law favors trials upon the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9808371. Public record. Not legal advice.