McMillan v. . Smith
Supreme Court of North Carolina
1Opinion of the Court
The counter affidavits of Mr. Meares and Mr. Davis stated that the practice of the county court was to give a preference to motions on the first and second days; but, if no motions were made, to proceed peremptorily on the docket, unless postponed by consent of the bar. After those days jury causes have a preference, although motions are still made through the term when no cause is on trial; that judgments were taken on the first day of the term immediately preceding that, when the (174) judgment complained of was taken; and that a motion was made shortly after the last judgment was entered.
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2Cited by2 opinions
- Barton, Ex ParteSupreme Court of North Carolina · 1874
- Brickell v. . BassSuperior Court of North Carolina · 1794