Greenlee v. . McCelvey
Supreme Court of North Carolina
Motion by plaintiff to dismiss an appeal from McDowell Superior Court, heard at February Term, 1885, of the Supreme Court.
1Opinion of the CourtSmith, C. J.
The plaintiff’s counsel moved to dismiss the appeal upon the ground that the undertaking to perfect the same has not been justified as required by law.
The undertaking bears date on October 2, 1883, which, if the term continued for the full period allowed by law, was on Tuesday of the second week of the session, and it bears the name of the clerk as an attesting witness. A form of justification follows, dated on October 20th, 1884, with the signature of the surety, but without the clerk’s name to the certificate that it was sworn.
The preparation of the case, from indulgence of counsel and the…
2Cases cited2 opinions
- Jones v. . PotterSupreme Court of North Carolina · 1883
- Hancock v. . BramlettSupreme Court of North Carolina · 1881