State v. . Byrd
Supreme Court of North Carolina
Motion to Dismiss Appeal — Undertaking—Costs—Appeal— Statement of Case on Appeal. This wíis a proceeding to tax the prosecutor with the costs in a Criminal Proceeding commenced before a justice, of the peace of Greene county, and carried by appeal to the Superior Court of that county, in which it was heard before Gudger, Judge, at Spring Terra, 1885, of that Court.
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Motion to Dismiss Appeal — Undertaking—Costs—Appeal— Statement of Case on Appeal. This wíis a proceeding to tax the prosecutor with the costs in a Criminal Proceeding commenced before a justice, of the peace of Greene county, and carried by appeal to the Superior Court of that county, in which it was heard before Gudger, Judge, at Spring Terra, 1885, of that Court. On the 12th day of August, 1884, the defendant applied to and obtained from a justice of the peace in the county of Greene, a State warrant, wherein he charged that one Zeno Lyon had committed an assault upon him in that county.…
1Opinion of the Court
MerrimoN, J.,
(after stating the facts). The security in the undertaking upon appeal executed the same by annexing to his signature a simple cross mark.. On the day he thus executed it, he justified the same before the clerk of the Court.
In this Court the Attorney General moved to dismiss the appeal, and assigned the following grounds in support of his motion :
1. The undertaking on appeal is defective in the manner of its execution, there being no evidence that it was executed by Move, the alleged .surety.
2. That the cast' on appeal was not prepared aud served as ■required by the statute and…
2Cases cited6 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . CannadySupreme Court of North Carolina · 1878
- State v. . CrossetSupreme Court of North Carolina · 1879
- Taylor v. . HeggieSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ausmus v. PeopleSupreme Court of Colorado · 1910
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Tatom v. . WhiteSupreme Court of North Carolina · 1886
- Elliott v. . TysonSupreme Court of North Carolina · 1895
19 more not listed; retrieve them via the Exa API.