McDaniel v. . Scurlock
Supreme Court of North Carolina
Civil actioN, tried before Bryan, J., on exceptions to referee’s report, at May Term, 1894, of CumberlaND Superior Court. The plaintiff appealed from the judgment rendered for the defendant. The facts sufficiently appear in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
The appellee cannot complain that.the appellant’s original “statement of case on appeal” was served on him instead of a copy. The word “ copy ” in section 550 of The Code bears no such restricted meaning. It simply means that a statement of appellant’s case on appeal must be left with the appellee so that he may scrutinize it at his leisure, and make out his exceptions thereto within the five days allowed. Nor can the appellant complain that such statement was not returned to him in five days when the appellee’s exceptions were in fact served within the statutory five days, unless…
2Cases cited12 opinions
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
- Yelverton v. . ColeySupreme Court of North Carolina · 1888
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3Cited by8 opinions
- Shepherd v. ShepherdSupreme Court of North Carolina · 1968
- State v. . WheelerSupreme Court of North Carolina · 1923
- Kerr v. Hicks.Supreme Court of North Carolina · 1901
- Simmons v. . AllisonSupreme Court of North Carolina · 1896
- Blanchard v. PoseyCourt of Appeals of Georgia · 1950
3 more not listed; retrieve them via the Exa API.