Legal Opinion

Shober v. . Wheeler

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 3 opinions

Motion of appellaut for certiorari.

1Opinion of the Court

ClaeK, J.:

When there are several parties on the same side, with identical interests and employing the same counsel, the service by the appellee of his “ case on appeal ” on either one would be sufficient, but here the plaintiffs (appellees) were divided in their interests and employed different counsel. The original plaintiffs were not served with the case on appeal at all. Those served with the case on appeal had been brought into the action. Except as to the parties who were represented in whole or in part by the counsel on whom the case on appeal was served, the appellants are not entitled…

2Cases cited4 opinions

  1. Pittman v. . KimberlySupreme Court of North Carolina · 1885
  2. State v. . FreemanSupreme Court of North Carolina · 1894
  3. Suiter v. . BrittleSupreme Court of North Carolina · 1884
  4. Wiley v. . LineberrySupreme Court of North Carolina · 1883

3Cited by3 opinions

  1. Burrell v. . HughesSupreme Court of North Carolina · 1897
  2. Guano Company v. . HicksSupreme Court of North Carolina · 1897
  3. Stone v. . LedbetterSupreme Court of North Carolina · 1926

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