Legal Opinion

Armour Packing Co. v. Williams

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 3 opinions

Civil action tried before Adams, J., at January Term, 1898, of New Hanover Superior Court. From a judgment for the defendant the plaintiff appealed. The appeal was not docketed at 10 o’clock a. m. on Tuesday when the call of the calendar of cases from the Sixth district began, hut was docketed at 10:35 a. m. on that day. The appellee thereupon moved to dismiss under Rule 17 for appellant’s failure to docket before the Court began the call of the causes of the district.

1Per curiam

The appeal was docketed at 10:.35 a. m. on Tuesday of the week to which it belongs. Under the present Rule 5 (121 N. CL, 694), the appellee might have moved to docket and dismiss under Rule 17 at the opening of court on Tuesday, or at any time afterwards during the term, if before the appellant dockets, the appeal, but as he did not make that motion till after the appellant had already docketed the appeal, his own lack of diligence cures the appellant’s previous laches. Smith v. Montague, 121 N. C., 92; Triplett v. Foster, 113 N. C., 389. The only difference in the present rule and that under…

2Cases cited2 opinions

  1. Triplett v. . FosterSupreme Court of North Carolina · 1893
  2. William v. . MontagueSupreme Court of North Carolina · 1897

3Cited by3 opinions

  1. Benedict v. Jones.Supreme Court of North Carolina · 1902
  2. Curtis v. RailroadSupreme Court of North Carolina · 1904
  3. In Re Burwell's WillSupreme Court of North Carolina · 1898

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