Kirk v. . Barnhart
Supreme Court of North Carolina
Civil ActioN tried before Señen cl The pleadings were oral, and the ease came up by appeal. from the judgment of a Justice of the Peace. The plaintiff sued the defendant, as the administrator of" her mother, Susan Seaman, for one hundred and fifty dollars, for services rendered by her to her mother, during the last eighteen months of her life.
Read the full summary
Civil ActioN tried before Señen cl The pleadings were oral, and the ease came up by appeal. from the judgment of a Justice of the Peace. The plaintiff sued the defendant, as the administrator of" her mother, Susan Seaman, for one hundred and fifty dollars, for services rendered by her to her mother, during the last eighteen months of her life. The plaintiff was offered ■ as a witness, to prove that her • mother was old and infirm; and that about eighteen months before the death of the latter, the plaintiff and two of her-children had moved to the home of her said mother, to aid is. taking…
1Opinion of the CourtRodman, J.
Mr. Bailey, for the plaintiff, moved to dismiss the appeal, because it did not appear, that .a case had been made out by the appellant and served on the plaintiff or his counsel, within five days after the entry of appeal taken, as required by C. C. P., sec. 301. It appeared, however, from the affidavit of Mr. Bai’ringer, that the case had been stated and served in due time on Mr. Bong, one of the attornies for the plaintiff, who resided in the county where the action was tried, and had been returned by him without objection, and filed with the clerk. The motion to dismiss ' the appeal is…
2Cited by4 opinions
- Peek v. ShookSupreme Court of North Carolina · 1951
- Dunn v. Currie.Supreme Court of North Carolina · 1906
- Johnson v. . RichSupreme Court of North Carolina · 1896
- Price v. . PyattSupreme Court of North Carolina · 1933