State v. . Freeman
Supreme Court of North Carolina
The defendant was tried and convicted at Fall Term, 1893, of MadisoN Superior Court, before Armfield, J., on an indictment under section 1062 of The Code, and appealed. Without default of his own (as defendant alleges) the case on appeal was not settled by the Judge below, and at this (February, 1894) Term of this Court he applied for a cer-tiorari, but di-d not cause the transcript of the record to be docketed.
1Opinion of the Court
Clark, J.:
This is a petition for certiorari. It was filed at the first'Term of this Court after the trial below. The ground of the application is that the case on appeal was not settled by the Judge without any default on the part of the appellant. The petitioner, however, failed to docket at such term the transcript of the record proper. In Pittman v. Kimberly, 92 N. C., 562, it is held by Siiith, G. J., that if for any reason the Judge fails to settle the case on appeal on disagreement of counsel the appellant must, in proper time, docket the transcript of the record proper and then move…
2Cases cited6 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
- Bailey v. . BrownSupreme Court of North Carolina · 1890
- Stephens v. . KoonceSupreme Court of North Carolina · 1890
- Pipkin v. . GreenSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Craver v. CraverSupreme Court of North Carolina · 1979
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- Stone v. . LedbetterSupreme Court of North Carolina · 1926
- Brown v. . HouseSupreme Court of North Carolina · 1896
- Causey v. . SnowSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.