Norman v. . Snow
Supreme Court of North Carolina
Application by the defendant for certiorari in lieu of an appeal, filed at October Term, 1885, of the Supreme Court. The action was tried at Spring Term, J 884, of the Superior Court of Surry county, before Gilmer, Judge. The material facts are substantially these: An action was pending in the Superior Court of the county of Surry, at Spring Term, 1884, thereof. In pursuance of an order before that term made therein, certain land had been sold, and report of the sale made.
Read the full summary
Application by the defendant for certiorari in lieu of an appeal, filed at October Term, 1885, of the Supreme Court. The action was tried at Spring Term, J 884, of the Superior Court of Surry county, before Gilmer, Judge. The material facts are substantially these: An action was pending in the Superior Court of the county of Surry, at Spring Term, 1884, thereof. In pursuance of an order before that term made therein, certain land had been sold, and report of the sale made. The plaintiff moved to set the sale aside and vacate the order authorizing the same, which motion was then argued, and it…
1Opinion of the CourtMerrimon, J.
(after stating the facts). The appellants and appellee having failed to agree upon a statement of the case upon appeal, the Court did not promptly settle the case upon appeal as it ought to have done. It seems, that the Judge took the papers for the purpose, in Febrnary, 1885,' and kept them until some time in the present year, when he settled the case for this Court.
At the last October Term of this Court, (December 1st),' this application was made, and prior to that time, no steps had been taken here to bring up the appeal.
Strictly, the appeal should have been brought up to the October Term,…
2Cases cited2 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Suiter v. . BrittleSupreme Court of North Carolina · 1885
3Cited by3 opinions
- Forbis v. NealSupreme Court of North Carolina · 2007
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- Todd v. . MacKieSupreme Court of North Carolina · 1912