Delozier v. . Bird
Supreme Court of North Carolina
Civil actiok.pending in the Superior Court of Swaust County for the recovery of land. 'One W. A. Ehloe was appointed receiver and was put in possession of the property by order of Court. Upon application to the Court, a rule and order to show cause was issued against the plaintiff and three other persons, why they should not be attached for contempt for entering upon, injuring and forcibly holding possession of the premises, in defiance of the orders of the Court.
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Civil actiok.pending in the Superior Court of Swaust County for the recovery of land. 'One W. A. Ehloe was appointed receiver and was put in possession of the property by order of Court. Upon application to the Court, a rule and order to show cause was issued against the plaintiff and three other persons, why they should not be attached for contempt for entering upon, injuring and forcibly holding possession of the premises, in defiance of the orders of the Court. The rule came on to be heard before Hoke, J., at Spring Term, 1898, of the Superior Court of Swáin County. His Honor made.an…
1Opinion of the Court
Clark, J.:
The record must show that notice of appeal was served, unless it affirmatively appear that the appeal was taken in open Court. Investment Co. v. Kelly, at this term. ' If this were not so, there would be a presumption that notice of appeal was given, when on the contrary it must appear from the record in order to constitute the appeal in this Court. Howell v. Jones, 109 N. C., 102, and cases there cited. But, here, the findings of fact and the judgment thereon, which constitute the case on appeal, state that the appeal was taken. This necessarily' shows that it was taken in time..…
2Cases cited10 opinions
- Pain v. . PainSupreme Court of North Carolina · 1879
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881
- Thompson v. OnleySupreme Court of North Carolina · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Luther v. LutherSupreme Court of North Carolina · 1951
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Nobles v. RobersonSupreme Court of North Carolina · 1937
- Nobles v. . RobersonSupreme Court of North Carolina · 1937
1 more not listed; retrieve them via the Exa API.