Doe on the Demise of Kirkman v. Dixon
Supreme Court of North Carolina
This was an appeal from a judgment rendered herein by His Honor, Judge Watts, at Spring Term, 1871, of Craven Superior Court. In this Court a motion was made by the defendant’s counsel to dismiss the appeal, based on affidavit that the case appearing in the transcript, which is only signed by the counsel for appellant, was returned by him to plaintiff with his specific amendments attached thereto.
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This was an appeal from a judgment rendered herein by His Honor, Judge Watts, at Spring Term, 1871, of Craven Superior Court. In this Court a motion was made by the defendant’s counsel to dismiss the appeal, based on affidavit that the case appearing in the transcript, which is only signed by the counsel for appellant, was returned by him to plaintiff with his specific amendments attached thereto. Thereupon a notice was ordered to issue to Judge Watts, to show cause why a mandamus should not issue to him to compel him to forward the statement of the case. To this Judge Watts responds, that no…
1Opinion of the CourtReads, J.
When the plan tiff appealed it was her duty to» prepare a concise statement oí the case, <fce., and have the same» served on the respondent.
What was intended to be such statement was prepared by the-plaintiff, and was returned by respondent with his objections. It then became the duty of the plaintiff to apply to the Judge-to give the parties a day before him to settle the case. O. 0.. P., 301. This it seems, was hot done by the plaintiff.
The case, therefore, being before us simply upon the record,, and no assignment of errors, all that we can do is to affirm the. judgment.
Upon affidavit and…
2Cited by2 opinions
- Simmons v. . AndrewsSupreme Court of North Carolina · 1890
- Mitchell v. . HaggardSupreme Court of North Carolina · 1890