Sneeden v. . Harris
Supreme Court of North Carolina
This was a Motion heard by Bynum, J, at the September Term, 1890, of New Hanover Superior Court. On the 5th of April, 1888, the plaintiff brought this action against two of the defendants. On the 6th of April, 1889, without leave of the Court, he caused a summons to be issued making the appellant a party defendant with the defendants at first made such. At the Spring Term, 1889, on a day in the Term, the Court made an order discontinuing the action as to the appellant.
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This was a Motion heard by Bynum, J, at the September Term, 1890, of New Hanover Superior Court. On the 5th of April, 1888, the plaintiff brought this action against two of the defendants. On the 6th of April, 1889, without leave of the Court, he caused a summons to be issued making the appellant a party defendant with the defendants at first made such. At the Spring Term, 1889, on a day in the Term, the Court made an order discontinuing the action as to the appellant. At the same term, on the next day, that order was stricken out, and the appellant was notified to show cause why lie should…
1Opinion of the CourtMerriMON, C. J.
after stating the facts: The facts stated above appear only from what purports to be the case settled on appeal in a case therein mentioned. There is no transcript of a record proper. It does not appear that a Court was held at the time and place prescribed by law, no summons or pleadings appear; there is no transcript of the record of an action in the Superior Court. Moreover, if a proper transcript appeared, the supposed appeal was taken from an interlocutory order, from which an appeal at once did not lie. The appellant should have assigned error on the record, and appealed from a final…
2Cited by4 opinions
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Sinclair v. Western North Carolina RailroadSupreme Court of North Carolina · 1892
- Rice v. . GutherieSupreme Court of North Carolina · 1894