McClintock v. . Insurance Co.
Supreme Court of North Carolina
ActioN heard by Webb, J., at June Term, 1908, of Guil-ford. Defendant appealed. Judgment was taken before a Justice of the Peace 8 September, 1906. An appeal was taken in open court and the transcript on appeal was promptly sent to the Clerk of the Superior Court. At August Term, 1907, the appeal not having been docketed (though in the interim five terms of the Superior Court had been held), the appellee moved to docket and dismiss.
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ActioN heard by Webb, J., at June Term, 1908, of Guil-ford. Defendant appealed. Judgment was taken before a Justice of the Peace 8 September, 1906. An appeal was taken in open court and the transcript on appeal was promptly sent to the Clerk of the Superior Court. At August Term, 1907, the appeal not having been docketed (though in the interim five terms of the Superior Court had been held), the appellee moved to docket and dismiss. This motion was continued from term to term till January Term, 1908, when it was allowed. At no time prior to August Term, 1907, did the appellant ask tb docket…
1Opinion of the Court
Glare, O. J.
Bevisal, see. 607, provides, “If the appellant shall fail to have his appeal docketed as required by law, the appellee may, at the term of said court next succeeding the. term to which the appeal is taken, have the case placed upon the docket, and upon motion, the judgment of the Justice shall be affirmed.” The dismissal of the appeal had the same effect. Hevisal, sec. 608, required this appeal to be docketed “at the ensuing term” of the appellate court, if more than ten days after judgment. Pants Co. v. Smith, 125 N. C., 588.
It is true, the Judge finds that the Clerk was in the…
2Cases cited7 opinions
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Johnson v. Andrews.Supreme Court of North Carolina · 1903
- Southern Pants Co. v. SmithSupreme Court of North Carolina · 1899
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
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3Cited by4 opinions
- MacKenzie v. Davidson County Development Co.Supreme Court of North Carolina · 1909
- Allen v. . McPhersonSupreme Court of North Carolina · 1915
- Queen v. Gloucester Lumber Co.Supreme Court of North Carolina · 1915
- Buckhorn Land & Timber Co. v. McKaySupreme Court of North Carolina · 1914