Cozart v. Assurance Company.
Supreme Court of North Carolina
ActioN by Cozart, Eagles & Carr against Assurance Company of America, beard by Judge JE. B. Jones and a jury, at tbe February Term, 1906, of tbe Superior Court of Wilson. This is a petition by tbe plaintiff for certiorari.
1Opinion of the CourtClare, C. J.
At the time tbe appeal was taken counsel made tbe following agreement in open court, which tbe Judge caused to be entered on tbe docket: .“Plaintiffs allowed ninety days to serve case, and defendants allowed sixty days thereafter to serve counter-case.” Tbe plaintiffs did not serve their case within tbe time agreed, and when it was served several days thereafter tbe defendants ignored it, as they bad a right to do, and on their motion tbe appeal was affirmed in this Court — there being no error upon tbe face of tbe record proper. This is a motion to reinstate and for a certiorari that the…
2Cases cited5 opinions
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- State Ex Rel. Pipkin v. McArtanSupreme Court of North Carolina · 1898
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3Cited by15 opinions
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- Lindsey v. Supreme Lodge of Knights of HonorSupreme Court of North Carolina · 1916
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