McCoy v. Lassiter
Supreme Court of North Carolina
Motion by the plaintiff to dismiss AN appeal, heard at February Perm, 1885, of the Supreme Court. The facts appear in the opinion.
1Opinion of the CourtMeerimoN, J.
The appellee moved at the present term to dismiss the appeal, “for that the appellant did not serve a statement of case on appeal on the appellee, within five days from the entry of appeal, as required by §550 of The Code.”
This motion could not be allowed, even if the facts stated in support of it be accepted as true. The appeal brings the case into this Court, whether a statement of the case, or a case settled on appeal, be sent up or not. Such statement of a case is not essentia] to the appeal. It might be, that the grounds of error relied upon, would sufficiently appear assigned in the…
2Cases cited7 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- McDaniel v. . KingSupreme Court of North Carolina · 1883
- Currie v. . ClarkSupreme Court of North Carolina · 1884
- Ware v. . NisbetSupreme Court of North Carolina · 1885
- Neal v. . MacESupreme Court of North Carolina · 1883
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3Cited by5 opinions
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Mason v. Moore County Board of CommissionersSupreme Court of North Carolina · 1948
- Howell v. . JonesSupreme Court of North Carolina · 1891