Legal Opinion

Wade v. . the City of Newbern

Supreme Court of North Carolina

Decided June 5, 1875PublishedCited by 3 opinions

Petition by defendant to re-hear this case, dismissed at the last term of this Court for the reason that an appeal bond had not been filed within the time prescribed by law. The facts are fully stated in the opinion of Justice BynuM.

1Opinion of the Court

BynüM, J.

At the last term of this Court, 72 N. C. Rep., 498, the appeal in this case was, on motion, dismissed, because the undertaking required upon appeal, had not been filed within the ten days from the rendition of judgment, as prescribed by the Code, secs. 203 et seg., and no legal excuse for the omission to file the bond, was made to appear. As a sufficient excuse might have existed, leave was given to the appellant, upon laying a proper foundation therefor, to move the Court, thereafter, for a oerUorari to bring up the case for review as on appeal. That motion is now made upon…

2Cases cited2 opinions

  1. Griel v. . VernonSupreme Court of North Carolina · 1871
  2. Wade v. . City of NewbernSupreme Court of North Carolina · 1875

3Cited by3 opinions

  1. Wiley v. . LoganSupreme Court of North Carolina · 1886
  2. Farrar v. . StatonSupreme Court of North Carolina · 1888
  3. Smith v. . AbramsSupreme Court of North Carolina · 1884

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