McDowell v. J. S. Kent Co.
Supreme Court of North Carolina
Appeal by defendant from Councill, J., at tbe June Term, 1910, of Yancey. Tbe facts are sufficiently stated in tbe opinion of Mr. Chief Justice Ciarle.
1Opinion of the CourtClark, C. J.
Tbis is a motion to affirm the judgment in tbis case because of a failure to observe the rule which requires an assignment of errors to come up in the record in each case. Rule 19 (2) and rule 21, 140 N. C., 660. Tbe appellant resisted the motion on the ground that be bad filed the assignments of error the day before the beginning of the call of the docket of the district, to-wit, on Monday of that week. This defense loses sight of one of the chief objects of the rule, which is that the appellee’s counsel may have notice of the points upon which he must prepare bis brief.
Though tbis matter…
2Cases cited1 opinion
- Thompson v. . R. R.Supreme Court of North Carolina · 1908
3Cited by10 opinions
- State v. KirbySupreme Court of North Carolina · 1970
- Steelman v. . BenfieldSupreme Court of North Carolina · 1948
- Bridges v. GrahamSupreme Court of North Carolina · 1957
- State v. DouglasSupreme Court of North Carolina · 1966
- Rogers v. . JonesSupreme Court of North Carolina · 1916
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