Bond v. . Wool
Supreme Court of North Carolina
This was a motion to assess damages on an injunction bond, heard at the Spring Term, 1893, of the Superior Court of Chowan County. The following are the facts in the case: At Spring Term, 1890, of the Superior Court of Chowan County, there was a judgment dissolving the injunction. From this judgment there was an appeal by the plaintiff to the Supreme Court. Judgment was affirmed in the Supreme Court.
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This was a motion to assess damages on an injunction bond, heard at the Spring Term, 1893, of the Superior Court of Chowan County. The following are the facts in the case: At Spring Term, 1890, of the Superior Court of Chowan County, there was a judgment dissolving the injunction. From this judgment there was an appeal by the plaintiff to the Supreme Court. Judgment was affirmed in the Supreme Court. The certificate of the Supreme Court was sent down to the Superior Court, to Spring Term, 1891, and at that term there was entered on the minute docket the following: “Judgment as per transcript…
1Opinion of the Court
Claric, J.:
While it is more regular and, for many reasons, the better course, that judgments should always be signed by the Judge, it has been repeatedly held that this is not mandatory. Matthews v. Joyce, 85 N. C., 258; Rollins v. Henry, 78 N. C., 342; Keener v. Goodson, 89 N. C., 273; Spencer v. Credle, 102 N. C., 63. The entry on the docket, “Judgment as per transcript filed from the Supreme Court,” was sufficient and a termination of the action. Besides, under the provisions of chapter 192, Acts 1887, the former judgment of the Superior Court was not vacated by the appeal — merely…
2Cases cited4 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
3Cited by8 opinions
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Wrought Iron Range Co. v. CarverSupreme Court of North Carolina · 1896
- Brown v. HardingSupreme Court of North Carolina · 1915
- McDonald v. . HoweSupreme Court of North Carolina · 1919
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