Spence v. . Tapscott
Supreme Court of North Carolina
Appeal Jiond — Merger—Appeal. This was a civil action tried before Gilmer, Judge, at the Fall Term, 1885, of AlamaNCE Superior Court, where a judgment was rendered in behalf of the defendant, from which the plaintiffs appealed to this Court. At the last February Term of this Court, there was a motion made’by the defendant to dismiss the appeal on the ground the undertaking on the appeal was not justified as required by the statute.
Read the full summary
Appeal Jiond — Merger—Appeal. This was a civil action tried before Gilmer, Judge, at the Fall Term, 1885, of AlamaNCE Superior Court, where a judgment was rendered in behalf of the defendant, from which the plaintiffs appealed to this Court. At the last February Term of this Court, there was a motion made’by the defendant to dismiss the appeal on the ground the undertaking on the appeal was not justified as required by the statute. The motion was not entertained by this Court, for the reason that the appeal was not here, and the papers sent up were remanded to the Superior Court, “ that the…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The motion of the defendant now made to dismiss the appeal for defects in the undertaking on appeal, sent up with the transcript to the last term of this Court, cannot be entertained. That undertaking was to secure the costs of the appeal then attempted to be taken, but this Court held the appeal was not here, and remanded the papers. Spence v. Tapscott, 92 N. C., 576. If the appeal was not here, the case remained in the Court below, and if not here, of course no motion to dismiss could be entertained by this Court.
This fully meets and disposes of the…
2Cases cited1 opinion
- Spence Ross v. . TapscottSupreme Court of North Carolina · 1885
3Cited by2 opinions
- Howell v. . JonesSupreme Court of North Carolina · 1891
- Pick v. PickWisconsin Supreme Court · 1944