Rollins v. . Love
Supreme Court of North Carolina
MotioN in a cause pending in Buncombe Superior Court, beard by Avery, Judge, at August Term, 1886, of said Court. After the appeal was docketed in this Court, a motion to dismiss was made; 1st, Because the appeal was taken from a judgment rendered at August Term, 1886, of the Superior Court, and the appeal was not docketed in the Supreme Court until December 22d, 1886, and 2d, Because the undertaking on appeal was not in the terms required by the statute.
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MotioN in a cause pending in Buncombe Superior Court, beard by Avery, Judge, at August Term, 1886, of said Court. After the appeal was docketed in this Court, a motion to dismiss was made; 1st, Because the appeal was taken from a judgment rendered at August Term, 1886, of the Superior Court, and the appeal was not docketed in the Supreme Court until December 22d, 1886, and 2d, Because the undertaking on appeal was not in the terms required by the statute. The October Term, 1886, of the Supreme Court, had not expired on December 22d, when the appeal was docketed. The facts on the merits were…
1Opinion of the Court
MerrijioN, L,
(after stating the facts). This appeal was taken at August .Term, 1886, of the Superior Court of the county of Buncombe, but was not docketed in this Court within the first eight days of the October Term, 1886, thereof, as it ought regularly to have been, and not until December 22d, 1886, during the Term, but after the call of the docket of the district to which it belonged. The appellees moved at the present Term to dismiss it, upon the ground that it was not docketed in due time.
The motion cannot be allowed. This appeal ought to have been brought up within the first eight days…
2Cases cited2 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Barbee v. . GreenSupreme Court of North Carolina · 1884
3Cited by5 opinions
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
- Bailey v. . BrownSupreme Court of North Carolina · 1890
- Benedict v. Jones.Supreme Court of North Carolina · 1902
- Moore v. GilbertCourt of Appeals for the Fifth Circuit · 1910
- Pope v. Righter-Parry Lumber Co.Supreme Court of North Carolina · 1913