Turrentine v. . Richmond Danville Railroad
Supreme Court of North Carolina
This was the defendant’s appeal in the preceding case. The trial of this cause was entered upon during the Spring Term, 1884, of the Superior Court of Mecklenburg county on March 5th, and terminated on the 12th day of the month, when, in open court, the defendant appealed, and was allowed to do so without making a deposit or giving the secured undertaking for costs. The session was concluded and the court adjourned on the 15 th day of the month.
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This was the defendant’s appeal in the preceding case. The trial of this cause was entered upon during the Spring Term, 1884, of the Superior Court of Mecklenburg county on March 5th, and terminated on the 12th day of the month, when, in open court, the defendant appealed, and was allowed to do so without making a deposit or giving the secured undertaking for costs. The session was concluded and the court adjourned on the 15 th day of the month. The case on appeal Avas prepared by the counsel of the appellant and served on the defendant’s counsel on the 20th, five days thereafter. On the last…
1Opinion of the CourtSmith, C. J.
(after stating the facts). There is no error in the ruling of the court. The proceedings had during the sitting of the court are in fieri, and a judgment rendered is subject to be set aside, modified and changed, should the judge upon a reconsideration deem it erroneous or unsatisfactory in any particular. It is not final and conclusive until the term expires and his authority ceases. This is equally true of an appeal, tvhich is subject to the same conditions, and may be defeated by the action of the court in vacating the judgment or in so modifying it as to remove the objectionable part.
As…
2Cases cited2 opinions
- Moore v. . HinnantSupreme Court of North Carolina · 1884
- Clifton v. . WynneSupreme Court of North Carolina · 1879
3Cited by11 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- State v. Schenck.Supreme Court of North Carolina · 1905
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
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