Cummings v. . Hoffman
Supreme Court of North Carolina
Civil action upon a physician’s account, tried before Whitalcer, J., and a jury, at March Term, 1892, of Alamance Superior Court. There was verdict for the plaintiff, and defendants appealed from the judgment thereon. The facts necessary to an understanding of the decision of the Court are stated in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
There being a disputed question whether there was service, in time, of the case on appeal, if properly raised, it should have been submitted to the Court below to find-the facts. Walker v. Scott, 102 N. C., 487. The appellees contend that their objection, endorsed on the case that the service was on the 4th of April (after the expiration of the ten days), was admitted by the appellants not sending the case to the Judge to settle. Owens v. Phelps, 92 N. C., 231; Jones v. Call, 93 N. C., 170. Unfortunately for appellees, their exception was not served till April 11, after the…
2Cases cited11 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
- Jones v. . CallSupreme Court of North Carolina · 1885
- Peebles v. . BraswellSupreme Court of North Carolina · 1890
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3Cited by25 opinions
- State v. . MooreSupreme Court of North Carolina · 1936
- Watson v. WhiteSupreme Court of North Carolina · 1983
- State v. MooreSupreme Court of North Carolina · 1936
- Pike v. . SeymourSupreme Court of North Carolina · 1942
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
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