Randleman Manufacturing Co. v. Simmons
Supreme Court of North Carolina
Motion by the plaintiff appellee to dismiss the appeal, filed at February Term, 1887, of the Supreme Court. The grounds of the motion appear in the opinion.
1Opinion of the CourtMerrimon, J.
The appellee moved to dismiss this supposed appeal, upon the ground that no case stated or settled on appeal appears in the record. Manifestly this is not ground for such a motion. The appeal properly taken and perfected, brings the action into this Court, whether error be assigned or not. The assignment of error in a case stated or settled, is not essential to the appeal. Besides, error might be assigned in the record proper, in which case, a case stated or settled would be unnecessary. But it is not essential to the appeal that error shall be assigned at all. State v. Crook, 91 N. C., 536;…
2Cases cited8 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. . ByrdSupreme Court of North Carolina · 1885
- State v. . LyonSupreme Court of North Carolina · 1885
- Meekins v. . TatemSupreme Court of North Carolina · 1878
- Williamson v. Look's Creek Canal Co.Supreme Court of North Carolina · 1878
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3Cited by30 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- State v. . MooreSupreme Court of North Carolina · 1936
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Walker v. . ScottSupreme Court of North Carolina · 1889
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