Legal Opinion

Walsh v. . Burleson

Supreme Court of North Carolina

Decided December 14, 1910PublishedCited by 1 opinion

Appeal by defendants from Pell, J., at the April Term, 1910, of Mitchell. On motion of defendants to recall writ of certiorari and to dismiss the appeal.

1Per curiam

Tbis action was tried at July Term, 1910, o£ Mitcbell. "When tbe district to *wbieb it belongs was reached at tbis term, tbe appellant moved for a certiorari because tbe ease on appeal bad not been settled by tbe judge without any laches on tbe part of tbe appellant.

The uniform bolding of this Court bas been that a certiorari will not be granted in such case unless tbe appellant has docketed the transcript of the record proper as tbe foundation of the motion. S. v. Freeman, 114 N. C., 872; Haynes v. Coward, 116 N. C., 840; Brown v. House, 119 N. C., 622; Shober v. Wheeler, ib., 471; Guano Co.…

2Cases cited11 opinions

  1. Pittman v. . KimberlySupreme Court of North Carolina · 1885
  2. Burrell v. . HughesSupreme Court of North Carolina · 1897
  3. Guano Company v. . HicksSupreme Court of North Carolina · 1897
  4. Causey v. Snow.Supreme Court of North Carolina · 1897
  5. State v. . FreemanSupreme Court of North Carolina · 1894

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3Cited by1 opinion

  1. Caudle v. . MorrisSupreme Court of North Carolina · 1912

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