Legal Opinion
Cox v. Kinston Carolina Railroad & Lumber Co.
Supreme Court of North Carolina
Decided March 28, 1919PublishedCited by 2 opinions
Appeal from Allen, J., at December Term, 1918, of LeNOIR. By consent, thirty days was given to serve case on appeal and twenty days thereafter to serve counter-case. The appeal was required by the rales to be docketed here on or before Tuesday, 25 February, at 10 a. m., or the appellant was entitled to docket and dismiss under Rule 17, unless the case was docketed or a certiorari on good ground was applied for before the motion to dismiss was made.
1Opinion of the CourtClark, C. J.
Rule 5 of this Court (174 N. C., 828) provides:
“Rule 5. When Heard. — The transcript of the record on appeal from a judgment rendered before the commencement of a term of this Court must be docketed at such term seven days before entering upon the call of the docket of the district to which it belongs, and stand for argument in its order; if not so docketed, tbe case shall be continued or dismissed under Rule 17, if tbe appellee files a proper certificate prior to tbe docketing of tbe transcript.”
Tbe appellee docketed and moved to dismiss at 1:30 p. m. on Saturday, 1 March, and was entitled…
2Cases cited5 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
- Lee v. . BairdSupreme Court of North Carolina · 1907
- Vivian v. . MitchellSupreme Court of North Carolina · 1907
- Gupton v. SledgeSupreme Court of North Carolina · 1912
3Cited by2 opinions
- Carroll v. Victory Manufacturing Co.Supreme Court of North Carolina · 1920
- Brock v. . EllisSupreme Court of North Carolina · 1927