Smith v. . Smith
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1896, of Columbus Superior Court, before Greene, Jand a jury. There was a judgment for the plaintiffs, and defendants appealed. Upon failure of service of the case on appeal, the defendants moved in this Court for a writ of certiorari to have the case on appeal settled by the judge, which was denied, and thereupon they moved to have their case treated as the proper case on appeal.
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Civil action, tried at Fall Term, 1896, of Columbus Superior Court, before Greene, Jand a jury. There was a judgment for the plaintiffs, and defendants appealed. Upon failure of service of the case on appeal, the defendants moved in this Court for a writ of certiorari to have the case on appeal settled by the judge, which was denied, and thereupon they moved to have their case treated as the proper case on appeal. The purpose of the action was to set aside conveyances of property alleged to have been procured by undue influence. The 8th allegation of the complaint referred to in the opinion…
1Opinion of the Court
Clark:, J.:
The application of the appellant, heretofore made for a certiorari to have the case settled by the judge, having been denied, they now move to have their case on appeal treated as the proper case on appeal, although service thereof has not been accepted, nor has it been served by an officer, claiming that placing the statement of the case in the mail in time to reach the appellees was due service. They admit that to do so would be to overrule numerous decisions of this Court, which they ask ns to review for that purpose.
The original Code of Civil Procedure, Section 80, provided for…
2Cases cited9 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- State v. . PriceSupreme Court of North Carolina · 1892
- Allen v. . StricklandSupreme Court of North Carolina · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- Christmas v. . WinstonSupreme Court of North Carolina · 1910
- Lowman v. . BallardSupreme Court of North Carolina · 1915
- Hicks v. . WestbrookSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.