Legal Opinion

Chasteen v. Martin

Supreme Court of North Carolina

Decided January 15, 1881Published

Civil Action, tried at Spring Term, 1880, of Cherokee Superior Court, before Schenclc, J. The plaintiff alleges that he is the purchaser of the equitable interest of one J. B. Standridge in the lands described in the pleadings; tfyat Standridge had purchased the same from John M. Martin, who had paid the purchase money to the state, and had assigned to the said Standridge the certificate of purchase and valuation, which he had obtained for said land; that the defendant,…

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Civil Action, tried at Spring Term, 1880, of Cherokee Superior Court, before Schenclc, J. The plaintiff alleges that he is the purchaser of the equitable interest of one J. B. Standridge in the lands described in the pleadings; tfyat Standridge had purchased the same from John M. Martin, who had paid the purchase money to the state, and had assigned to the said Standridge the certificate of purchase and valuation, which he had obtained for said land; that the defendant, William P. Martin, well knowing these facts, purchased the said land from John M. Martin, and obtained a grant from the…

1Opinion of the CourtAshe, J.

There is a statement of the case sent up with the transcript, signed by the opposing counsel, but it does not disclose the grounds of exception taken by the defendant. The statement of the case, signed by counsel, or the presiding judge, in our practice, is a substitute for “a bill of exceptions, wherein should be set forth the errors complained of. “It is the privilege of an appellant to make up his case, and it is his duty to do it, so as to intelligibly exhibit the error in the judgment of which he complains; and the rules of practice give him all the necessary power to do so. Ordinarily,…

2Cases cited2 opinions

  1. State v. . JonesSupreme Court of North Carolina · 1883
  2. Doe Ex Dem. Williams v. CouncilSupreme Court of North Carolina · 1871

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