Stevens v. . Smathers
Supreme Court of North Carolina
This was an appeal from the Superior Court of Haywood County, Spring Term, 1898, Hoke, J., presiding. Judgment rendered in favor of plaintiff. Appeal by defendant Smathers.
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This was an appeal from the Superior Court of Haywood County, Spring Term, 1898, Hoke, J., presiding. Judgment rendered in favor of plaintiff. Appeal by defendant Smathers. The appellant’s case on appeal was duly served, and the appellee’s exceptions thereto, within five days, were handed to appellant’s counsel, who accepted service thereof, but failed to apply to his Honor to settle the case, but had his “case on appeal” sent up, as if it had not been excepted to. . • Ia this Court the appellant insisted his case was the true case on appeal, and the appellee moved to dismiss for that there…
1Opinion of the Court
Clark, J.:
The appellant’s case on appeal was'duly served, and in five days thereafter the appellee’s exceptions were handed to the appellant’s counsel, who accepted service thereof, as appears on the papers sent up. The appellant, however, thinking this insufficient, did not apply to the Judge to settle the case, as he should have done, but instead sent up his “case on appeal” as if it had not been excepted to, and insists that it is the true case on appeal, and the appellee moves to dismiss on the ground that there is no legal case on appeal.
The case of McDaniel v. Scurlock, 115 N. C., 295,…
2Cases cited6 opinions
- Owens v. . PhelpsSupreme Court of North Carolina · 1885
- McDaniel v. . ScurlockSupreme Court of North Carolina · 1894
- Mitchell v. . TedderSupreme Court of North Carolina · 1890
- Ramsay v. . GheenSupreme Court of North Carolina · 1888
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waller v. . DudleySupreme Court of North Carolina · 1927