Barnes v. . Crawford
Supreme Court of North Carolina
MotioN to dismiss appeal, taken from a judgment rendered for the defendant at April Term, 1896, of Wakh Superior Court The plaintiff appellant, deeming certain parts of the case on appeal as settled by counsel tobe immaterial and unnecessary to the proper presentation of his assignments of error, omitted them in printing the record. In this Court the appellee, deeming such omitted parts to be material to the hearing on appeal, moved to dismiss under Rule 30. Motion granted.
1Opinion of the Court
Clark, J. :
The requirement that at least the essential parts of the record (which are designated in the rule) shall be printed is not an uncalled-for rule but a necessity. It is impossible for each of the five judges to examine the record, as should be done, unless it is printed, without great delay in the decision of causes. Should there be only one record, and that in manuscript, or so defectively printed that the manuscript must be referred to in order to see that the essential parts are printed, the delay caused thereby would result in large arrearages on our docket, much to the detriment…
2Cited by4 opinions
- Barbee v. . ScogginsSupreme Court of North Carolina · 1897
- Fleming v. . McPhailSupreme Court of North Carolina · 1897
- Hicks v. . RoyalSupreme Court of North Carolina · 1898
- Roanoke Railroad & Lumber Co v. PrivetteSupreme Court of North Carolina · 1919