Rosenthal v. . Roberson
Supreme Court of North Carolina
Civil ACTION, brought in the Superior Court of HeNDER-soN County to correct a judgment rendered in Transylvania Superior Court. The original action was begun in Transylvania by the issuing of a summons against W. A. Fanning and others, which was served upon W. A. Fanning, and at Spring Term, 1890, of said Court judgment was rendered against “W. H. Fanning.”
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Civil ACTION, brought in the Superior Court of HeNDER-soN County to correct a judgment rendered in Transylvania Superior Court. The original action was begun in Transylvania by the issuing of a summons against W. A. Fanning and others, which was served upon W. A. Fanning, and at Spring Term, 1890, of said Court judgment was rendered against “W. H. Fanning.” W. A. Fanning, being a resident of Henderson county, died and the defendant Roberson was appointed his administrator, against whom this action was instituted at Spring Term, 1893, of Henderson Superior Court. The defendant, after denying…
1Opinion of the Court
Clark, J.:
The record states: “Plaintiff allowed twenty days to prepare case on appeal, and defendant twenty days thereafter to accept plaintiff’s statement of case on appeal or prepare his statement.” The time within which a case and counter-case on appeal must bo served is prescribed and limited by statute. Acts 1889, ch. 161, amending The Code, §550. The Courts have no power to disregard the statute and prescribe a different period by extending the time. State v. Price, 110 N. C., 599. The parties, however, can consent to an extension of time. This, if admitted or made in writing- or…
2Cases cited7 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Peebles v. . BraswellSupreme Court of North Carolina · 1890
- State v. . PriceSupreme Court of North Carolina · 1892
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Taylor v. . BosticSupreme Court of North Carolina · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Craddock v. . BrinkleySupreme Court of North Carolina · 1919
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- McNeill v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
8 more not listed; retrieve them via the Exa API.