Ritter v. . Grimm
Supreme Court of North Carolina
At August Term, 1893, of Moore Superior Court, before Connor, J., the plaintiff obtained judgment against the defendant, who appealed and afterwards sued out a writ of certiorari, in the return to which it appeared that the trial Judge to whom the papers were sent to make out the case on appeal had resigned before they were so sent and that he had misplaced his trial notes and papers and could not state the case on appeal.
Read the full summary
At August Term, 1893, of Moore Superior Court, before Connor, J., the plaintiff obtained judgment against the defendant, who appealed and afterwards sued out a writ of certiorari, in the return to which it appeared that the trial Judge to whom the papers were sent to make out the case on appeal had resigned before they were so sent and that he had misplaced his trial notes and papers and could not state the case on appeal. The parties were unable to agree upon a case, and the defendant had been diligent in endeavoring to have the same settled.
1Opinion of the Court
Ouaiuc, J.:
The mere fact that the Judge who tried the cause has gone out of office will not prevent his settling the case on appeal. The defect in that regard, formerly existing in the statute, was remedied by section 550 of The Code, in the latter part of the section. But it further appears that the papers were sent to the Judge and are lost, and that there lias been no laches on the part of the appellant, who has been diligent in endeavoring to have the case on appeal settled by the Judge. This the Judge is unable to do by reason of the loss of the notes of the trial and the papers, and the…
2Cases cited2 opinions
- Owens v. . PaxtonSupreme Court of North Carolina · 1890
- Clemmons v. . ArchbellSupreme Court of North Carolina · 1890
3Cited by3 opinions
- Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
- State v. . HugginsSupreme Court of North Carolina · 1900
- Wagner ex rel. Wagner v. EudySupreme Court of North Carolina · 1962