Allen v. . Hammond
Supreme Court of North Carolina
Civil action tried at Fall Term, 1897, of Madison Superior Court, before Norwood, J. Prom a judgment for the defendant the plaintiff appealed. The record on appeal does not contain the complaint. In this court the defendant (appellee) moved to dismiss.
1Opinion of the Court
Per Curia^n:
There is no complaint, answer or summons sent up, only the case on appeal; and the complaint is essential to be considered in passing on this controversy. Defects in the transcript are often remedied by certiorari when there is no laches on the part of the appellant, and sometime by the court’s sending down a certiorari ex mero motu to supply merely formal parts of the transcript. State v. Preston, 104 N. C., 733; State v. Beal, 119 N. C., 809; State v. Daniel, 121 N. C., 574. But here the defect is in a material respect and no motion for certiorari has been made by the appellant.…
2Cases cited3 opinions
- State v. DanielSupreme Court of North Carolina · 1897
- State v. . PrestonSupreme Court of North Carolina · 1889
- State v. . BealSupreme Court of North Carolina · 1896
3Cited by4 opinions
- Thrush v. ThrushSupreme Court of North Carolina · 1956
- Campbell v. . CampbellSupreme Court of North Carolina · 1946
- Finch v. Strickland.Supreme Court of North Carolina · 1902
- McGowan v. DavenportSupreme Court of North Carolina · 1904