Ponton v. . Griffin, Bro. Co. .
Supreme Court of North Carolina
Civil aotiou, tried at the December (Special) Term, 1873, of Halifax Superior Court, before his Honor, Judge Moore. I. This was a controversy between some of the defendants in the principal cause, to-wit: D. Pender, a North Carolina creditor of tire firm of Griffin Bro. & Co., of Baltimore, in the State of Maryland, on the one part, and ¥m.
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Civil aotiou, tried at the December (Special) Term, 1873, of Halifax Superior Court, before his Honor, Judge Moore. I. This was a controversy between some of the defendants in the principal cause, to-wit: D. Pender, a North Carolina creditor of tire firm of Griffin Bro. & Co., of Baltimore, in the State of Maryland, on the one part, and ¥m. Bayne & Co., and Randolph Barton and W. B. Brooks, assignees in bankruptcy of Kirkland, Chase & Co., Maryland creditors of the said firm of Griffin Bro. & Co., on the other part — each of said claimants demanding to have a fund, arising in the principal…
1Opinion of the CourtRodman, J.
It is to be regretted that counsel who represent appellants do not in all cases strictly pursue the provisions of the Code for settling cases on appeal. It will probably be found necessary to dismiss, on motion of the appellee, every appeal where the case is not settled as prescribed, or agreed on by the parties.
The result of a neglect of the prescribed forms of proceeding in the present case, is that the Judge was called on to settle the case so long after the trial, that as he says the incidents of it had faded from his recollection, and counsel on the different sides are unable to agree as…
2Cited by7 opinions
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- Brem v. . CovingtonSupreme Court of North Carolina · 1889
- Lawson v. . PringleSupreme Court of North Carolina · 1887
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