Legal Opinion

Chambers v. . Smith

Superior Court of North Carolina

Decided September 5, 1796Published

1Opinion of the Court

It is stated in the affidavit of Chambers that after the trial of the issue in this action in the county court he moved for an appeal, and afterwards, during the sitting of the court, he offered sufficient sureties for prosecuting the appeal with effect, but that the clerk being not ready with the bond, and telling him it would do as well to give the bond at the next county court, which happened before the sitting of the Superior Court, he retired; and at the next court he applied again, and was then told by the clerk it was too late. If this be a true statement he is entitled to a new trial…

2Cases cited2 opinions

  1. Collins v. . NallSupreme Court of North Carolina · 1831
  2. Royster v. . BurwellSupreme Court of North Carolina · 1884

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