State v. . Price
Supreme Court of North Carolina
This was an APPLICATION for the writ of certiorari to bring up defendants’ case on appeal. The appellant’s counsel agreed, in writing, that the Solicitor should have fifteen days within which to serve his counter-case or exceptions to appellant’s case.
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This was an APPLICATION for the writ of certiorari to bring up defendants’ case on appeal. The appellant’s counsel agreed, in writing, that the Solicitor should have fifteen days within which to serve his counter-case or exceptions to appellant’s case. On the fifteenth day the counter-case was sent by the Solicitor to counsel who had been employed to assist in the prosecution, who lived in the same town (Monroe) with the defendants’ counsel, and it is alleged that the counter-case would have been served on the latter day within the stipulated time, but defendants’ counsel was absent from home…
1Opinion of the Court
Clark, J.:
If the appellee files no exceptions within the proper time to appellant’s case, the latter should be certified to this Court, and will be taken here as the case on appeal. Russell v. Davis, 99 N. C., 115; Simmons v. Andrews, 106 N. C., 201; Booth v. Ratcliffe, 107 N. C., 6; State v. Carlton, 107 N. C., 956. This, however, would not apply where the failure to serve the counter-case in time was without laches on the part of the appellee. Russell v. Koonce, 102 N. C., 485; Mitchell v. Haggard, 105 N. C., 173, and cases cited in Simmons v. Andrews, supra. The appellee contends that such…
2Cases cited23 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
- Walton v. . PearsonSupreme Court of North Carolina · 1880
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