Barber v. Justice.
Supreme Court of North Carolina
ActioN by W. T. Barber against Lntber Justice, beard by Judge B. B. Peebles and a jury at "tbe October Term, 1904, of tbe Superior Court of ScotlaND County. From a judgment for tbe defendant, tbe plaintiff appealed. Ap-pellee’s motion for a certiorari being denied, be assented to a new trial.
1Opinion of the CourtClark, C. J.
Motion by appellee for certiorari. Tbe appellant served bis statement of case on appeal witbin tbe statutory time. Appellee’s counter-case was not served until tbe eigbtb day thereafter. Tbe Code, Sec. 550, provides that if tbe appellant’s case is not returned by appellee in five days “with objections” it shall be “deemed approved.” State v. Price, 110 N. C., 600 and cases cited. There is no agreement to extend time alleged or admitted and neither this court nor tbe court below can change tbe statutory requirement. Tbe appellee does not allege that be was misled by tbe opposite party but says…
Also in this document: Per curiam.
2Cases cited8 opinions
- State v. . DownsSupreme Court of North Carolina · 1895
- Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898
- Forte v. . BooneSupreme Court of North Carolina · 1894
- McNeill v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
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3Cited by14 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
- State v. . DeeSupreme Court of North Carolina · 1938
- Abernethy v. . BurnsSupreme Court of North Carolina · 1936
- Cozart v. Assurance Company.Supreme Court of North Carolina · 1906
- Carter v. . BryantSupreme Court of North Carolina · 1930
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