Lytle v. . Lytle
Supreme Court of North Carolina
This was a uiotiqu for judgment and writ of restitution, in an action pending in the Superior Court of McDowell county, heard by Avery, Judge, at the Spring Term, 1885, of said Court. A judgment had been rendered in the same action, at Spring Term, 1882, of the Court, under which the defendant was turned out of possession of a tract of land in contention between the parties-, and had been compelled to pay twenty dollars.
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This was a uiotiqu for judgment and writ of restitution, in an action pending in the Superior Court of McDowell county, heard by Avery, Judge, at the Spring Term, 1885, of said Court. A judgment had been rendered in the same action, at Spring Term, 1882, of the Court, under which the defendant was turned out of possession of a tract of land in contention between the parties-, and had been compelled to pay twenty dollars. At Spring Term, 1884, said judgment was vacated and set aside. The Court, on hearing the motion, gave judgment in favor of defendants for twenty dollars, the amount admitted…
1Opinion of the CourtMerrimon, J.
We are apprehensive that we may not reach the whole merits of this appeal. It was not argued before us for the appellants, and the record is so confused and obscure, in many respects, that we find it difficult to ascertain what are the questions intended to be presented for our consideration. No errors have been specified, and we are left entirely to view the case settled upon appeal by the Court, without guide or compass.
It would seem that if it is worth while for a party to appeal, he should assign errors, as the statute plainly directs, so as to gain the full benefit of what he ought to…
2Cases cited6 opinions
- Perry v. TupperSupreme Court of North Carolina · 1874
- Fry v. . CurrieSupreme Court of North Carolina · 1884
- Lane v. . MortonSupreme Court of North Carolina · 1879
- P. N. Dulin v. Walker Howard.Supreme Court of North Carolina · 1872
- Meroney v. . WrightSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Burwell v. . SneedSupreme Court of North Carolina · 1889
- Winborne Ex Rel. Fentress v. LloydSupreme Court of North Carolina · 1936
- Allen v. . GriffinSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.