Benedict v. Jones.
Supreme Court of North Carolina
Action by M. E. Benedict against H. O. Jones and others, beard at May Term, 1902, of the Superior Court of Buncombe County.
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Action by M. E. Benedict against H. O. Jones and others, beard at May Term, 1902, of the Superior Court of Buncombe County. Plaintiff, appellee, moves to dismiss the appeal for that it appears from the record that the case was tried and final judgment entered at May Term, 1902, of the Superior Court of Buncombe County, and that- the counter case on appeal was served on defendant appellants’ counsel July 31, 1902; and that independent of such date, the appellee says it was the duty of appellant’s counsel to file the transcript in time for the appeal to be beard at the present term of the…
1Opinion of the CourtClark, J.
The case was tried below in May, 1902, and the transcript was docketed here 26 November, 1902, wbicb was too late to permit of the appeal being argued at this term, it being within less than seven days before the call of the district to which it belongs Rule 5, 128 N. C., 634. After it was docketed, the appellee moved to dismiss. This was too late. Rollins v. Love, 97 N. C., 210; Barbee v. Green, 91 N. C., 158.
The uniform ruling of this Court has been in accord with the above decisions, and may be thus summed up: An appeal must be docketed not later than the termination of the next term of…
2Cases cited10 opinions
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- State v. . ButtsSupreme Court of North Carolina · 1884
- Paine v. . CuretonSupreme Court of North Carolina · 1894
- Triplett v. . FosterSupreme Court of North Carolina · 1893
- Haynes v. . CowardSupreme Court of North Carolina · 1895
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3Cited by11 opinions
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