Taylor v. . Ervin
Supreme Court of North Carolina
Civil ACTION, heard on motion in the cause, before Star-buck, J., at Spring Term, 1896, of ONslow Superior Court. His Honor found the following facts : “ That this cause was called for trial on Saturday of the Pali Term of Onslow Superior Court, being the last Saturday of the term. “ That the verdict in this cause entered on the Minutes of the Fall Term was returned and received between the hours of 2 a. m. and 3 a. m. on Sunday.
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Civil ACTION, heard on motion in the cause, before Star-buck, J., at Spring Term, 1896, of ONslow Superior Court. His Honor found the following facts : “ That this cause was called for trial on Saturday of the Pali Term of Onslow Superior Court, being the last Saturday of the term. “ That the verdict in this cause entered on the Minutes of the Fall Term was returned and received between the hours of 2 a. m. and 3 a. m. on Sunday. “ That the judgment, purporting to be a final judgment, rendered in this cause and appearing on the Minutes of said term, was rendered between the hours of 2 a. m.…
1Opinion of the Court
Clark, J. :
The Code, Section 910, and the act substituted for it (Acts 1885, Ch. 180) and the several amenda-tory statutes, provide for courts to begin on a certain Monday named, and to last for one ’•'•week” (or two or three weeks, as the case may be). Of course in such cases the term, if for one week, beginning on Monday, embraces the following Sunday, unless the court is sooner adjourned ; if for two weeks, it embraces two Sundays, unless adjourned earlier, as is usual. In the present case the term prescribed for Onslow Superior Court began on the 9th Monday after the 1st Monday in…
2Cases cited10 opinions
- State v. . RickettsSupreme Court of North Carolina · 1876
- State v. . McGimseySupreme Court of North Carolina · 1879
- Reid v. StateSupreme Court of Alabama · 1875
- Davis v. . ShaverSupreme Court of North Carolina · 1866
- White v. MorrisSupreme Court of North Carolina · 1890
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3Cited by8 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
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- Pfeifer v. Love's Drug Co.Supreme Court of North Carolina · 1916
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