Singer Manufacturing Co. v. . Barrett
Supreme Court of North Carolina
This action began before a Justice of the Peace, who gave judgment for the defendant upon the merits, and the plaintiff appealed to the Superior Court.
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This action began before a Justice of the Peace, who gave judgment for the defendant upon the merits, and the plaintiff appealed to the Superior Court. The following is the case settled upon appeal for this Court: “The summons issued by the plaintiff, demanded judgment for the non-payment of the sum of forty dollars and.cents, and interest on .. from ... day of ., until paid, due by account, and for the claim and delivery of one sewing machine, and demanded by said plaintiff, and for cost. The defendant moved to dismiss, for the reason that the summons failed to show upon its face that the…
1Opinion of the Court
Mérrimos, J.
We are of opinion that although the appellant’s grounds of exception and assignment of errors appear informally, they appear sufficiently from the case settled upon appeal by the Court. The very purpose of the case settled, is to set forth the errors assigned and such matters and things as pertain thereto, and while exceptions might appear in the record proper, it is not essential that they’should do so. The rulings of the Court adverse to the appellant complained of, distinctly appear, and the plain implication and just inference is, that it objected and excepted to each of these…
2Cases cited7 opinions
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- State v. . VaughanSupreme Court of North Carolina · 1884
- Allen v. . JacksonSupreme Court of North Carolina · 1882
- Noville v. . DewSupreme Court of North Carolina · 1886
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Allen v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
- Elliott v. . TysonSupreme Court of North Carolina · 1895
13 more not listed; retrieve them via the Exa API.