Chamblee v. . Baker
Supreme Court of North Carolina
Appeal from a Justice’s Court, tried on a case agreed, before Gudger, Judge, at Spring Term, 1886, of Hertford Superior Court. The action was on a quantum meruit, for services rendered the defendant by the plaintiff. Plaintiff was hired by defendant on February 20th, 1885, to work on defendant’s farm for the remainder of the year, at ten dollars a month, and it was agreed that the plaintiff’s contract was an entire one for the remainder of the year.
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Appeal from a Justice’s Court, tried on a case agreed, before Gudger, Judge, at Spring Term, 1886, of Hertford Superior Court. The action was on a quantum meruit, for services rendered the defendant by the plaintiff. Plaintiff was hired by defendant on February 20th, 1885, to work on defendant’s farm for the remainder of the year, at ten dollars a month, and it was agreed that the plaintiff’s contract was an entire one for the remainder of the year. He worked under the contract until the 20th of September, 1885, and left without legal excuse. The defendant sustained no damages in consequence…
1Opinion of the CourtSmith, C. J.
(after stating the facts). Upon the calling of the cause, the couusel for the appellee moved to dismiss the appeal, for several reasons:
I. For that the undertaking on appeal was not executed within ten days from the rendition of judgment.
II. For insufficient justification.
III. For that the undertaking fails to show by whom the appeal is taken, and
IV. For want of a case, as required by the rule on appeals.
In our opinion, none of the grounds assigned are sufficient to sustain the motion.
The Court, at which the cause was tried, began its session on April 12th, and the undertaking bears date the…
2Cases cited5 opinions
- Gorman v. . BellamySupreme Court of North Carolina · 1880
- Worthy v. . BradySupreme Court of North Carolina · 1884
- Thigpen v. . LeighSupreme Court of North Carolina · 1885
- Turrentine v. . Richmond Danville RailroadSupreme Court of North Carolina · 1885
- Clerk's Office v. . HuffstellerSupreme Court of North Carolina · 1872
3Cited by23 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Wallace v. . SalisburySupreme Court of North Carolina · 1908
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Tussey v. Owen.Supreme Court of North Carolina · 1905
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
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