Legal Opinion

Jones v. . Hoggard

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 7 opinions

This was a civil ACTION, tried at Spring Term, 1890, of Beetle Superior Court, before Armfield, J. The facts sufficiently appear in the opinion.

1Opinion of the Court

Clark, J.:

The transcript of the record is defective in séveral particulars—

1. Though it appears that both plaintiff and defendant appealed, only one transcript is sent up — it does not appear which. Hence, the appeal cannot be determined. Perry v. Adams, 96 N. C., 347.

2. It does not “appear in the record, with reasonable certainty, that a Court was held by a Judge authorized by law to hold it, and at the time and place prescribed by law.” State v. Butts, 91 N. C., 524. There is in the transcript a copy of a conmission lo a Judge to hold a term of Bertie Court in lieu of the Judge regularly…

2Cases cited6 opinions

  1. State v. . ButtsSupreme Court of North Carolina · 1884
  2. Perry v. . AdamsSupreme Court of North Carolina · 1887
  3. Jones v. Commissioners of FranklinSupreme Court of North Carolina · 1883
  4. Rowland Bros. v. R. J. Mitchell & SonSupreme Court of North Carolina · 1884
  5. Daniel v. . RogersSupreme Court of North Carolina · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. . StaffordSupreme Court of North Carolina · 1932
  2. Caudle v. . MorrisSupreme Court of North Carolina · 1912
  3. Sanders v. . SandersSupreme Court of North Carolina · 1931
  4. Schwarberg v. . HowardSupreme Court of North Carolina · 1929
  5. State v. . BostSupreme Court of North Carolina · 1899

2 more not listed; retrieve them via the Exa API.

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