Briggs v. . Jervis
Supreme Court of North Carolina
Petition for the writ of certiorari, filed at February Term, 1887, of the Supreme Court. The action was brought to recover land, was tried upon issues by a jury at August Term, 1886, of the Superior Court of Madison, and judgment rendered for the plaintiffs.
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Petition for the writ of certiorari, filed at February Term, 1887, of the Supreme Court. The action was brought to recover land, was tried upon issues by a jury at August Term, 1886, of the Superior Court of Madison, and judgment rendered for the plaintiffs. The appeal taken by the defendant was not prosecuted to the term of this Court next following, but the transcript, on the 15th day of April, 1887, was filed in this Court, and on motion of counsel of the appellees, on various grounds the appeal was dismissed. The defendant now applies for a writ of certiorari to bring up the record as a…
1Opinion of the Court
Smith, C. J.,
(after stating the case). There was no denial or explanation of these statements favorable to the appellees, and we must act upon an assumption of their truth.
In our opinion, the delay in bringing up the appeal is fully and satisfactorily accounted for, and no laches can be imputed to the appellant. The papers were not in the office where they belonged, so as to he accessible, but in possession of one of the plaintiffs’ counsel, who had lost sight of the fact, and just as soon as they were returned, the defendant’s counsel proceeded to make up the case and serve a copy on the…
2Cases cited3 opinions
- Wiley v. . LineberrySupreme Court of North Carolina · 1883
- Walton v. . PearsonSupreme Court of North Carolina · 1880
- Syme v. . BroughtonSupreme Court of North Carolina · 1881