Johnston v. Danville, Mocksville & South-Western Railroad
Supreme Court of North Carolina
This case was before this Court by a former appeal, at the February Term of 1890, and the judgment appealed from was then affirmed. Thereupon the order and judgment of this Court was certified to the Superior Court, and the following is a copy thereof: “This cause came on to be argued upon the transcript of the record from the Superior Court of Rockingham County.
Read the full summary
This case was before this Court by a former appeal, at the February Term of 1890, and the judgment appealed from was then affirmed. Thereupon the order and judgment of this Court was certified to the Superior Court, and the following is a copy thereof: “This cause came on to be argued upon the transcript of the record from the Superior Court of Rockingham County. Upon consideration whereof this Court is of opinion that there is no error in the record and proceedings of the said Superior Court. It is, therefore, considered and adjudged by the Court here, that the opinion of the Court as…
1Opinion of the Court
Mkkrimon, C. J.:
The statute (Acts 1887, ch. 192, § 3), among other things, provides that, “ In civil cases at the first term of the Superior Court after such certificate (that of the Supreme Court) is received, if the judgment is affirmed, the Court below shall direct the execution thereof to proceed, and if said judgment is modified, shall direct its modification and performance. If a new trial is ordered, the cause shall stand in its regular order on the docket for trial at such first term after the receipt of the certificate from the Supreme Court.” Obviously, this statutory provision is…
2Cited by4 opinions
- Dobson v. Southern Railway Co.Supreme Court of North Carolina · 1903
- R. R. v. . SanfordSupreme Court of North Carolina · 1924
- Bowers v. City of ThomasvilleCourt of Appeals of North Carolina · 2001
- Atlantic Coast Line Railroad v. Town of SanfordSupreme Court of North Carolina · 1924