Gaither v. Carpenter.
Supreme Court of North Carolina
ActxoN by A. S. Gaither by his next friend against P. 0. Carpenter, heard by Judge 0. M. Ooolce and a jury, at the May Term, 1906, of the Superior Court of Catawba. The plaintiff had been tried for larceny of a watch, and acquitted. This is an action against the prosecutor for malicious prosecution. Verdict and judgment for defendant; appeal by plaintiff.
1Opinion of the Court
OlabK, O. L
To the case on appeal tendered by appellant, the appellee offered exceptions. The Court adopted the “appellant’s case as amended by appellee’s exceptions,” and the matter comes up to this Court in that shape, leaving this Court to incorporate the amendments. This practice cannot be tolerated. It is “the duty of the appellant to have the case as thus modified redrafted and submitted to the Judge for signature. When he does not do this, but merely.sends up the appellant’s case with the appellee’s exceptions and Judge’s order, there is strictly no 'case settled,’ and the Court in its…
2Cases cited10 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- State v. . BallardSupreme Court of North Carolina · 1878
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905
- Alley v. Howell.Supreme Court of North Carolina · 1906
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3Cited by9 opinions
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Dollarhide v. GunstreamNew Mexico Supreme Court · 1951
- Western North Carolina Conference v. . TallySupreme Court of North Carolina · 1948
- Farris v. . R. R.Supreme Court of North Carolina · 1909
- Wiggins v. TrippSupreme Court of North Carolina · 1960
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