Fisher v. . Fisher
Supreme Court of North Carolina
Appeal by defendants from, Adams, J., at Spring Term, 1913, of TRANSYLVANIA. Tbis is a petition for a certiorari to require tbe judge of tbe Superior Court to settle tbe case on appeal, be baying declined to do so upon tbe ground that tbe defendant bad lost bis appeal by failing to serve bis notice of appeal witbin tbe statutory time.
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Appeal by defendants from, Adams, J., at Spring Term, 1913, of TRANSYLVANIA. Tbis is a petition for a certiorari to require tbe judge of tbe Superior Court to settle tbe case on appeal, be baying declined to do so upon tbe ground that tbe defendant bad lost bis appeal by failing to serve bis notice of appeal witbin tbe statutory time. Upon tbe application to settle tbe case, bis Honor found tbe facts and ruled tbereon as follows: 1. On tbe last day of tbe term tbe exceptions to tbe report of tbe referee were fully argued1 by counsel, and at tbe conclusion of tbe argument -counsel consented…
1DissentClark, C. J.
This is a petition for a certiorari to require the judge of the Superior Court to settle the case on appeal, he having declined to do so upon the ground that the defendant had lost his appeal by failing (106) to serve his notice of appeal within the statutory time.
Upon the application to settle the case, his Honor found the facts and ruled thereon as follows:
1. On the last day of the term the exceptions to the report of the referee were fully argued by counsel, and at the conclusion of the argument counsel consented that the court might take the papers to Asheville and consider the arguments…
2Cases cited6 opinions
- New Birmingham Iron & Land Co. v. BlevensCourt of Appeals of Texas · 1896
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
- In re Estate of PearsonsCalifornia Supreme Court · 1897
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
- Uren v. WalshWisconsin Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stanback v. StanbackSupreme Court of North Carolina · 1975