Smith v. . Smith
Supreme Court of North Carolina
MotioN for a writ of certiorari as a substitute for lost appeal from the judgment of Greene, J., in an action tried at Fall Term, 1896, of Columbus Superior Court. The facts and the grounds of the motion ,are stated in the opinion of Associate Justice ClaeK.
1Opinion of the Court
Clare, J.;
This case differs widely from Willis v. Rail road, at this Term. There the agreement, which was admitted, was that the papers “ should be sent ” to the appellee’s counsel. They were accordingly sent to him by express, and there was ample time, if he had promptly notified the appellant’s counsel that be had not intended to waive service, for the case to have been served -by an officer. This Court held that, upon the admitted agreement, the appellant’s counsel had reasonable ground to ■understand that service had been waived ; and, besides, the appellee’s counsel, under such…
2Cases cited6 opinions
- Sondley v. City of AshevilleSupreme Court of North Carolina · 1893
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Mitchell v. . HaggardSupreme Court of North Carolina · 1890
- Roberts v. . PartridgeSupreme Court of North Carolina · 1896
- Wilson Shober v. . HutchinsonSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re the Appeal of HarrisSupreme Court of North Carolina · 1968
- Thurston v. Salisbury Zoning Board of AdjustmentCourt of Appeals of North Carolina · 1974