Burton v. . Green
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, at Spring Term, 1884, of the Superior Court of Halifax county. There was a verdict and judgment for the plaintiff, and the defendants appealed.
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Civil action, tried before Avery, Judge, at Spring Term, 1884, of the Superior Court of Halifax county. There was a verdict and judgment for the plaintiff, and the defendants appealed. There was no statement of the case on appeal accompanying the transcript of the record which was docketed in this Court, and in answer to a writ of certiorari directed to him, the trial Judge made return that the notes made on the trial of the case were lost, and that he had no recollection of the matters which took place on the trial, and could not settle the case on appeal, without the lost notes. Upon this…
1Opinion of the Court
MfRRIMün, J.
The appellant’s counsel duly stated the case upon appeal for this Court, the counsel of the appellees suggested amendments and objections thereto, the Judge who presided at the trial was notified of such disagreement, and requested to settle the case upon appeal according to law. He took the trial papers and his notes of the trial and the evidence, for that purpose. The papers and notes of the trial were afterwards lost. The case has not been settled, and the Judge now states, that, without them, he has not, and cannot obtain, such information as is necessary to enable him to…
2Cases cited2 opinions
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
- Sanders v. . NorrisSupreme Court of North Carolina · 1880
3Cited by6 opinions
- Simmons v. . AndrewsSupreme Court of North Carolina · 1890
- Owens v. . PaxtonSupreme Court of North Carolina · 1890
- State v. . RobinsonSupreme Court of North Carolina · 1907
- McGowan v. . HarrisSupreme Court of North Carolina · 1897
- State v. . RobinsonSupreme Court of North Carolina · 1907
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