Legal Opinion

State Ex Rel. Clark v. Peebles

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 7 opinions

Civil action, heaid before Melver, J., at May Term, 1895, of Halifax Superior Court, ou exceptions to report of W. E. Daniel, referee. Both plaintiff and defendants appealed from the judgm ent rendered. PLAINTIFF’S APPEAL.

1Opinion of the Court

PLAINTIFF'S APPEAL. The defendants moved in this court to dismiss the plaintiff's appeal on the ground that there was no statement of the case on appeal in this court. It is a fact that no such statement of the case, made out either by the judge or signed by the (32) counsel of both sides, is here, as the general rule requires. The motion brings up the question whether or not this particular case falls within the exception to the general rule. The action was brought by the plaintiff as administrator de bonis non with the will annexed of Solomon Boone, against R. W. Peebles, administrator of…

2Cases cited4 opinions

  1. Young v. . YoungSupreme Court of North Carolina · 1887
  2. Brooks v. . AustinSupreme Court of North Carolina · 1886
  3. Creech v. . GraingerSupreme Court of North Carolina · 1890
  4. Jones v. . JonesSupreme Court of North Carolina · 1833

3Cited by7 opinions

  1. Dixon v. . OsborneSupreme Court of North Carolina · 1931
  2. S. B. Parker Co. v. Commercial National BankSupreme Court of North Carolina · 1931
  3. Cheshire v. First Presbyterian ChurchSupreme Court of North Carolina · 1942
  4. Board of Commissioners v. ScalesSupreme Court of North Carolina · 1916
  5. Cape Fear & Northern Railroad v. StewartSupreme Court of North Carolina · 1903

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