Simmons v. . Allison
Supreme Court of North Carolina
Civil aotioN, heard before Bryan, J., at June Term, 1896, of Mecklenburg Superior Court. Upon the certification below of the opinion of the ■Supreme Court in the cases reported in 118 N. 0., 763, his Honor, upon motion of plaintiffs’ attorneys, rendered the following judgments in the two eases between the parties: “NORTH CAROLINA, 1 Q • n , r MECKLENBURG County. } Superior Court, June term,’'96. “ R. H. Simmons and others, Plaintiffs, ALEXANDER Allison and others,…
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Civil aotioN, heard before Bryan, J., at June Term, 1896, of Mecklenburg Superior Court. Upon the certification below of the opinion of the ■Supreme Court in the cases reported in 118 N. 0., 763, his Honor, upon motion of plaintiffs’ attorneys, rendered the following judgments in the two eases between the parties: “NORTH CAROLINA, 1 Q • n , r MECKLENBURG County. } Superior Court, June term,’'96. “ R. H. Simmons and others, Plaintiffs, ALEXANDER Allison and others, Defendants. “ In this case it is ordered that Z. T. Smith, receiver,, retain out of the rents collected by him from R. H. Simmons…
1Opinion of the Court
Clark, J.:
The motion of the appellee to dismiss must be denied as to both grounds. The notice of appeal and entry thereof on the docket having both been made within the ten days after adjournment, it is immaterial that the entry was made after notice given. Indeed, if the notice of the appeal is admitted, or shown to have been given in time, it would avail nothing if the entry was not made at all, for it is only made as record proof. Fore v. Railroad, 101 N. C., 526 : Atkinson v. Railroad, 113 N. C., 581. The Code system exacts business-like diligence, that the rights of the opposite party…
2Cases cited5 opinions
- Simmons v. . AllisonSupreme Court of North Carolina · 1896
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- McDaniel v. . ScurlockSupreme Court of North Carolina · 1894
- Fore v. Western North Carolina RailroadSupreme Court of North Carolina · 1888
- Atkinson v. Asheville Street Railway Co.Supreme Court of North Carolina · 1893
3Cited by6 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1975
- Frick v. FritzSupreme Court of Iowa · 1904
- Horn v. BohnCourt of Appeals of Maryland · 1902
- Lowder v. All Star Mills, Inc.Court of Appeals of North Carolina · 1987
- Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1897
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