Walker v. . Scott
Supreme Court of North Carolina
At the present term of this Court the plaintiffs moved to dismiss the appeal for the following reasons: 1. That the appellants have not complied with the statute regulating cases on appeal, by making out a statement of their case on appeal, and serving a copy on the plaintiffs or their counsel, as is provided by law. 2. The record does not show that any appeal was taken or entered within ten days from the rendition of the judgment, as required by the statute. 3. That the…
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At the present term of this Court the plaintiffs moved to dismiss the appeal for the following reasons: 1. That the appellants have not complied with the statute regulating cases on appeal, by making out a statement of their case on appeal, and serving a copy on the plaintiffs or their counsel, as is provided by law. 2. The record does not show that any appeal was taken or entered within ten days from the rendition of the judgment, as required by the statute. 3. That the record has not been printed, as required by the rules of the Court. 4. That the appellants’ case on appeal was not…
1Opinion of the CourtMerkimon, J.
The first ground of the motion to dismiss the appeal is, that the appellants failed to serve any case stated on appeal upon them or their counsel.
The motion cannot be allowed for this cause. What purports to be such statement appears in the transcript of the record; but if this were not so, the absence of it would not be ground for sustaining the motion, because it is not essential to the appeal. It may be that there are assignments of error in the record, and errors may appear in the record proper, so that a statement of the case on appeal may not be necessary.
The proper motion, in the…
2Cases cited4 opinions
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Rencher v. . AndersonSupreme Court of North Carolina · 1885
- Witt v. . LongSupreme Court of North Carolina · 1885
- Barnes v. . EastonSupreme Court of North Carolina · 1887
3Cited by35 opinions
- Pike v. . SeymourSupreme Court of North Carolina · 1942
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Lee v. . BairdSupreme Court of North Carolina · 1907
- State v. . FarmerSupreme Court of North Carolina · 1924
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