Wilson Shober v. . Hutchinson
Supreme Court of North Carolina
PetitioN by defendants for a certiorari, filed at this term. The plaintiffs brought an action against the defendants on a promissory note and obtained judgment thereupon at Fall Term, 1875, of G-uilrord Superior Court. From that judgment the defendants appealed and duly filed an appeal bond. More than ten days after the notice of appeal the defendants” counsel served upon the counsel for the plaintiffs a statement of the case upon appeal.
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PetitioN by defendants for a certiorari, filed at this term. The plaintiffs brought an action against the defendants on a promissory note and obtained judgment thereupon at Fall Term, 1875, of G-uilrord Superior Court. From that judgment the defendants appealed and duly filed an appeal bond. More than ten days after the notice of appeal the defendants” counsel served upon the counsel for the plaintiffs a statement of the case upon appeal. The counsel for the plaintiffs declined to accept the same or to take any notice thereof. The other facts necessary to an understanding of the case as…
1Opinion of the CourtEis Arson, C. J.
The writ of certiorari in the place of an-appeal, is prayed for on the ground that the petitioners ought not to be prejudiced by the delay of their counsel in making up the statement of a case for the Supreme Court. This delay is attributed in the petition to the “ liberal practice among the members of the bar in that district,” &c.
"With all of this we have nothing to do. The C. C. P. specifies tiie time in which the appellant must have a case made up. For a failure to do so, the attorney is liable for damages. This seems to be a fit case in which that right of a client against his lawyef can…
2Cited by2 opinions
- Smith v. . SmithSupreme Court of North Carolina · 1896
- Willis v. Atlantic & Danville Railway Co.Supreme Court of North Carolina · 1896