Legal Opinion

Moore v. . Vanderburg

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 9 opinions

Special PROCEEDING heard at Fall Term, 1883, of Iredell. Superior Court, before Gudger, J. The defendants appealed.

1Opinion of the CourtMerrihoN, J.

It appears from the record sent to this court,, that, at August term, 1883, of the superior court of Iredell county, that court affirmed the judgment of the clerk confirming the sale of the land mentioned in the pleadings. It does not, however, appear that any appeal has been taken from the 'judgment to this court, or that any notice of appeal was given or waived.

It is therefore manifest that the case is not properly in this-court. The appeal is the essential means by which this court gets jurisdiction of an action, and it must certainly appear in the record that it was taken from a proper…

2Cited by9 opinions

  1. Dogwood Development & Management Co. LLC v. White Oak Transport Co.Supreme Court of North Carolina · 2008
  2. Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
  3. Mason v. Moore County Board of CommissionersSupreme Court of North Carolina · 1948
  4. Walton v. . McKessonSupreme Court of North Carolina · 1888
  5. State v. HughesCourt of Appeals of North Carolina · 2011

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