Suttle v. . Green
Supreme Court of North Carolina
Motion to dismiss an Appeal heard at Eall Term, 1877, -®f CleavelaNd Superior Court, before Kerr, J. The .statement embodied in the opinion of this Court delivered -by Mr. Justice Reade is sufficient to an understanding of the point decided. His Honor refused the motion to ■dismiss and the plaintiff appealed.
1Opinion of the CourtReade, J.
On the trial before the Justice, the defendant -denied that he owed the plaintiff any thing. And when the Justice gave judgment against him, he appealed in open Court. This was all that he was obliged to do. Jt than became the duty of the Justice, upon his fees being paid, to send the papers to the Clerk of the Court. As an •excuse for not sending up the papers, the Justice said that the defendant told him not to do it. Concede that this was .•a sufficient excuse for delay on the part of the Justice, still it did not estop the defendant. He had locuspoenitentice, and be did change his mind…
2Cited by3 opinions
- Cowell v. GregorySupreme Court of North Carolina · 1902
- Cowell v. . GregorySupreme Court of North Carolina · 1902
- Cowell v. GregorySupreme Court of North Carolina · 1902