The plaintiff obtained a judgment before a Justice of the Peace against the defendant,' as his tenant, for rents and .advances. The defendant appealed to the Superior Court but, having given no bond to stay execution, the Justice of the Peace issued execution and an order for the sale of the crops and other personal property subject to plaintiff’s lien as landlord.
Decided 1897-09-05
Furches, J.:
¶1
The merits of this action are discussed and determined in the above appeal by defendant in the same case.
¶2
This appeal, as we understand it, is from the judgment of the Superior Court refusing defendant’s motion to set aside and vacate an execution and order of sale made loy the justice of the peace who tried the case. This is an original motion made in the Superior Court for the first time. The Court had no jurisdiction and the motion .was properly refused.
Bailey
v.
Hester,
101 N. C., 538;
Berdsey
v.
Harris,
68 N. C., 98.
