Sondley v. City of Asheville
Supreme Court of North Carolina
Civil aotiox, tried at December Term, 1892, of Bux-ooMbe Superior Court, before Bynum, J, and a jury, the object being to recover damages accruing to plaintiff from the condemnation of her land for a street. The assessors awarded her $2,000, and on appeal by the defendant to the Superior Court the same damages were allowed by the jury, and from a judgment for the same defendant appealed.
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Civil aotiox, tried at December Term, 1892, of Bux-ooMbe Superior Court, before Bynum, J, and a jury, the object being to recover damages accruing to plaintiff from the condemnation of her land for a street. The assessors awarded her $2,000, and on appeal by the defendant to the Superior Court the same damages were allowed by the jury, and from a judgment for the same defendant appealed. The transcript of the record was duly docketed hero, and when the case was reached in its order at this Term, at which the appeal stood regularly for trial, the appellee moved to affirm the judgment below…
1Opinion of the CourtC-'lakk, J.
(after stating the tacts): Rule 39 of this Court, 104 N. C., 927, provides: “The Court will not recognize any agreement of counsel in any case, unless the same shall appear in the record, or in writing, filed in the cause in this Court. This had long before been the established rule, and recognized as binding by many decisions. Under it certiorari, iu a case like the present, was again denied as recently as Graves v. Hines, 106 N. C., 323. The Courts can only admit such verbal agreement, or such part of it, as shall not bo denied.
The propriety, indeed the necessity, of such rule, must be…
2Cases cited4 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- State v. . PriceSupreme Court of North Carolina · 1892
- Mitchell v. . HaggardSupreme Court of North Carolina · 1890
- Graves v. . HinesSupreme Court of North Carolina · 1890
3Cited by18 opinions
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Hahn v. Brinson.Supreme Court of North Carolina · 1903
- Lindsey v. Supreme Lodge of Knights of HonorSupreme Court of North Carolina · 1916
- Atkinson v. Asheville Street Railway Co.Supreme Court of North Carolina · 1893
- Herbin v. . WagonerSupreme Court of North Carolina · 1896
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