Adams v. Reeves
Supreme Court of North Carolina
This was a motioN made upon affidavit, in this court at this January Term, 1876, for a venire de novo. The case was originally tried before his Honor Judge Wilson at Fall Term, 1874, of DavidsoN Superior Court. The record sent up to this court from the Superior Court of Davidson county, shows that judgment was rendered at that term in favor of the plaintiff, and that the defendants thereupon moved for a new trial. The motion was overruled and the plaintiff appealed.
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This was a motioN made upon affidavit, in this court at this January Term, 1876, for a venire de novo. The case was originally tried before his Honor Judge Wilson at Fall Term, 1874, of DavidsoN Superior Court. The record sent up to this court from the Superior Court of Davidson county, shows that judgment was rendered at that term in favor of the plaintiff, and that the defendants thereupon moved for a new trial. The motion was overruled and the plaintiff appealed. No statement of the case upon appeal accompanies the record. At June Term, 1875, of this court the defendants served notice upon…
1Opinion of the Court
Read®, J.
As we said in Wade v City of Newbern 72, N. C. Rep. 498, it is of prime importance that the rules pre.scribed in C. C. P. for preparing and sending up cases to this court should be strictly complied with. And wherever there has been a departure from them, and objection taken, we will sustain the objection, and dismisss the appeal. Nor can we hear testimony in excuse for the departure. The profession will recognize the propriety of this rule, when it is remembered how often counsel on opposing sides, make conflicting statements. In such cases we cannot undertake to decide between…
2Cases cited1 opinion
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
3Cited by10 opinions
- State v. . PriceSupreme Court of North Carolina · 1892
- Walton v. . PearsonSupreme Court of North Carolina · 1880
- Simonton v. . SimontonSupreme Court of North Carolina · 1879
- Rouse v. . QuinnSupreme Court of North Carolina · 1876
- Scroggs v. . AlexanderSupreme Court of North Carolina · 1883
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