Willis v. Atlantic & Danville Railway Co.
Supreme Court of North Carolina
Aoiton, tried at Fall Term, 1896, of Caswell Superior Court. The appellant moved in this Court for a writ of certiorari to bring up the record. The grounds of the motion are set out in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J. :
This is not the case of a verbal agreement of counsel, which if denied, the court will not consider. Rule 39 ; Sondley v. Asheville, 112 N. C., 694; Graham v. Edwards, 114 N. C., 228. But here both sides agree substantially as to what passed. It was agreed that in lieu of the time prescribed by The Code, the appellant should be allowed twenty days to serve the case on appeal and the appellee twenty days to serve a counter case. ' In reply to an inquiry of the appellant’s counsel, “ To whom shall I send the case?” one of appellee’s counsel said, “Send to J.” By this arrangement the…
2Cases cited6 opinions
- Sondley v. City of AshevilleSupreme Court of North Carolina · 1893
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Graves v. . HinesSupreme Court of North Carolina · 1890
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- Walton v. . PearsonSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thurston v. Salisbury Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1974