Rouse v. . Quinn
Supreme Court of North Carolina
In a petition for a Certiorari, where the counsel on opposing sides make sworn, contradictory statements to each other, the Supreme Court will not decide between them; and taking no notice whatever of any pretended agreement between the counsel in the Court below, not appearing upon the record, this Court will hold the parties strictly to the provisions of the Code of Civil Procedure.
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In a petition for a Certiorari, where the counsel on opposing sides make sworn, contradictory statements to each other, the Supreme Court will not decide between them; and taking no notice whatever of any pretended agreement between the counsel in the Court below, not appearing upon the record, this Court will hold the parties strictly to the provisions of the Code of Civil Procedure. (The case of Wade v. City of N&idbern, 72 N. C. Rep., 498; Adams v. Reeves, ■„74 N. C. Rep., 106, cited and approved.) ^Petition for a Certiorari, filed at this Term of the Court iby.-the plaintiff in the cause,…
1Opinion of the CourtBynum, J.
The proceedings for perfecting the appeal were regular up to the time when the defendant filed his excep- . tions to the case as stated by the plaintiff.
Instead, then, of calling upon the presiding Judge to settle the case within the time and in the manner prescribed by law, 0. C. P., secs. 299 to 314, the plaintiff persisted in his attempt to agree on a case, with the opposing counsel, until he lost his appeal by lapse of time. It does not appear from the record that the defendant waived the bar of the lapse of time, and that he did waive it is expressly denied by him.
The propriety of the…
2Cases cited2 opinions
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
- Adams v. ReevesSupreme Court of North Carolina · 1876
3Cited by6 opinions
- State v. . PriceSupreme Court of North Carolina · 1892
- Walton v. . PearsonSupreme Court of North Carolina · 1880
- Scroggs v. . AlexanderSupreme Court of North Carolina · 1883
- Office v. . BlandSupreme Court of North Carolina · 1884
- Adams v. . ReevesSupreme Court of North Carolina · 1876
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