Fain v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by A. A. Fain, administrator, against the Southern Railway Company. Motion of appellant to reinstate its appeal, the same having been dismissed under Rule 17, is denied.
1Opinion of the CourtFurches, C. J.
The appeal in this case should have been docketed at August Term, 1901, under the rules of this Court; but no transcript having been docketed by the appellant, the appellee caused a certificate of the Clerk to be docketed, and the appeal was dismissed, under Rule 17. At the time the plaintiff moved to dismiss the appeal, the defendant moved to reinstate the case and for a writ of certiorari, and those motions were continued.
At this .term, upon notice by plaintiff to defendant, the motions to reinstate the appeal and for the writ of certiorari were heard, when the Court refused both motions.
The…
2Cases cited1 opinion
- State v. . DeytonSupreme Court of North Carolina · 1896
3Cited by8 opinions
- Samuelson v. Tribune Publishing Co.Wyoming Supreme Court · 1930
- Johnson v. Andrews.Supreme Court of North Carolina · 1903
- MacKenzie v. Davidson County Development Co.Supreme Court of North Carolina · 1909
- City of Casper v. BenarisWyoming Supreme Court · 1955
- State v. AndersonWyoming Supreme Court · 1953
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