Hicks v. . Westbrook
Supreme Court of North Carolina
Motiox to strike from the files of the Court below defendant’s statement of case on appeal heard before Allen, J., at Fall Term, 1897, of Duplin Superior Court. The cause had been tried before Melver, J, and a jury at Spring Term of said Court and defendant had appealed from the judgment then rendered.
Read the full summary
Motiox to strike from the files of the Court below defendant’s statement of case on appeal heard before Allen, J., at Fall Term, 1897, of Duplin Superior Court. The cause had been tried before Melver, J, and a jury at Spring Term of said Court and defendant had appealed from the judgment then rendered. Iiis Honor, Judge Allen, made the following order: “This cause coming on to be heard and it appearing to the satisfaction of the Court that the Spring Term of this Court, the term at which above entitled case was tried, adjourned on the 4th day of March, 1897, and that the defendants did not…
1Opinion of the Court
Clark, J.:
If there was any dispute of fact as to whether there was service in time, it was proper that it should be submitted to the Court below (Cummings v. Hoffman, 113 N. C., 267; Walker v. Scott, 102 N. C., 487) and his ITonor having found as a fact that there was no service of the appellant’s case in the statutory time, he properly directed the appellant’s “case on appeal” be stricken from the file.
This order being excepted to, the clerk sent up “appellant’s case.” “There being a statement of case on appeal signed only by the appellant’s counsel, but nothing to. show that it was served…
2Cases cited8 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Peebles v. . BraswellSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. . MooreSupreme Court of North Carolina · 1936
- Railroad v. OliveSupreme Court of North Carolina · 1906
- State v. MooreSupreme Court of North Carolina · 1936
- Wallace v. . SalisburySupreme Court of North Carolina · 1908
- Roberts v. Greensboro-Fayetteville Bus Co.Supreme Court of North Carolina · 1930
5 more not listed; retrieve them via the Exa API.