Craddock v. Barnes.
Supreme Court of North Carolina
ActioN by H. D. Craddock against Priscilla Barnes and others, beard at the Fall Term, 1905, of the Superior Court of Washington. This was a motion of the defendants, appellees, to dismiss the appeal because not docketed as required by Rule 5 of the Supreme Court.
1Per curiam
This case, from the First District, was tried below last fall and was docketed here three days before the district was called at the opening of this term. The appellee moved on the first day of this term to dismiss the appeal because not docketed seven days before the call of the district as required by Rule 5. We have held that though the appeal is not docketed seven days before the call of the district to which it belongs, it will not be dismissed (when docketed at the next term here after the trial below) if it is docketed before the motion is made to dismiss. Curtis v. Railroad, 137 N.…
2Cases cited2 opinions
- Benedict v. Jones.Supreme Court of North Carolina · 1902
- Curtis v. RailroadSupreme Court of North Carolina · 1904
3Cited by5 opinions
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