Perry v. . Adams
Supreme Court of North Carolina
Civil ACTION, tried before Clark, Judge, at January Term, 1886, of Granville Superior Court. Both parties appealed from the judgment in the Court-below, but only one transcript of the record, which contained the case stated on appeal of both appellants, was sent-to this Court.
1Opinion of the CourtMerrimon, J.
In this case both the plaintiff and defendants appealed to this Court. The appeals are distinct— one is no part of, nor is it dependent upon the other in any respect, and the long settled rule of practice in such cases'has been, that each appeal must come to this Court in fact— as it does in contemplation of law — separately, and separate-transcripts of the record must be filed in this Court. The records of two such appeals are not wholly the same, nor is-so much of the record as is peculiar to one, necessary to, or properly a part of that of the other. Devereux v. Burgwyn, 11 Ired., 490;…
2Cases cited1 opinion
- Morrison v. . Cornelius and OthersSupreme Court of North Carolina · 1869
3Cited by10 opinions
- Caudle v. . MorrisSupreme Court of North Carolina · 1912
- Jones v. . HoggardSupreme Court of North Carolina · 1890
- Ferrell v. Broadway.Supreme Court of North Carolina · 1900
- State v. . BostSupreme Court of North Carolina · 1899
- Ferrabow v. . GreenSupreme Court of North Carolina · 1892
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