Witt v. . Long
Supreme Court of North Carolina
Appeal — Printing Record— Undertaking on Appeal — Irregular Judgments — Default final. MotxoN to set aside a judgment, for irregularity, heard by Graves, Judge, at July Special Term, 1885, of Haywood Superior Court.
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Appeal — Printing Record— Undertaking on Appeal — Irregular Judgments — Default final. MotxoN to set aside a judgment, for irregularity, heard by Graves, Judge, at July Special Term, 1885, of Haywood Superior Court. The summons having been served upon the defendants, the plaintiffs at the return term filed their complaint, not verified, in which they alleged that they had “sold and delivered to said defendants merchandise, boots and shoes, agreeable to bill rendered, to the amount of $499.45, which said merchandise, boots and shoes, were reasonably worth ” the sum mentioned, and which the…
1Opinion of the Court
MeekimoN, J.,
(after stating the facts). The motion to dismiss the appeal cannot be allowed. While it would be more convenient to counsel, and therefore better, to have the record printed as soon as practicable after'the appeal shall be docketed, and the Court commends this practice, yet, it is a sufficient compliance with the rule to have it printed by the time the appeal shall be called for argument in its order. Indeed, the rule so provides in terms.
We take this opportunity to suggest, that the appellant should be careful to see that the rule is duly observed in respect to the parts of the…
2Cases cited3 opinions
- Rogers v. . MooreSupreme Court of North Carolina · 1882
- White v. . SnowSupreme Court of North Carolina · 1874
- Brickell v. . BellSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Landwehr v. GilletteCalifornia Supreme Court · 1917
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Horton v. . GreenSupreme Court of North Carolina · 1889
- Edwards v. Town of HendersonSupreme Court of North Carolina · 1891
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