Slocumb v. Construction Company.
Supreme Court of North Carolina
AotioN by A. H. Slocumb, receiver of the Southern Sawmill and Lumber Company, against the Philadelphia Construction Company and others, heard by Judge O. H. Allen and a jury, at the May Term, 1906, of the Superior Court of KobesoN. Erom an order setting aside the verdict, the plaintiff appealed.
1Opinion of the Court
The plaintiff dockets the case on appeal "settled" by the Judge, and asks for a certiorari for the record proper, upon an affidavit that the papers have been misplaced, without any laches of his, so that they could not be copied. This is the proper course.Burrell v. Hughes, 120 N.C. 277, and cases cited; Parker v.R. R., 121 N.C. 504; McMillan v. McMillan, 122 N.C. 410. Ordinarily, it is the record proper that is docketed, and thecertiorari is for the "case on appeal," but the principle is the same; all of the transcript that can be obtained must be docketed at the first term and certiorari…
2Cases cited12 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- State v. . BlackburnSupreme Court of North Carolina · 1879
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
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3Cited by8 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- State v. . DeeSupreme Court of North Carolina · 1938
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Hinton v. ClineSupreme Court of North Carolina · 1953
3 more not listed; retrieve them via the Exa API.