Finlayson v. Kirby.
Supreme Court of North Carolina
MotioN by W. H. Finlayson and another to reinstate tbe case of W. H. Finlayson, et al., against Gr. L. Kirby, et cd., reported in 121 N. C., 106. Tbe motion was denied and tbe case was discontinued.
1Opinion of the CourtEueohiss, J.
Tbis case was before this Court at Eall Term, 1897, when the Court, without disposing of the appeal upon its merits, for reasons stated in the opinion of the Court remanded it — sent it back to the Superior Court of Wayne County — in order that proper and necessary parties might be made. 121 N. C., 106. That should have been, and was, in fact, the end of that appeal in this Court. But, by inadvertence, it was continued upon the docket of this Court, and, at Eall Term, 1899, an order was directed to issue to the plaintiffs to make parties by the nest term of this Court, or the case would be…
2Cases cited1 opinion
- Finlayson v. . KirbySupreme Court of North Carolina · 1897
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