Hutchison v. . Rumfelt
Supreme Court of North Carolina
Civil ActioN heard in GastoN county at Chambers on the 26th of February, 1879, before SchencJc, J. His Plonor in the court below, upon the agreement of the parties to this suit, found the facts which were deemed essential to present the points involved, and from his ruling thereon, both sides appealed. The case was disposed of on motions made in this court, rendering it unnecessary to set out the facts found.
1Opinion of the CourtSmith, C. J.
The motions in the cause were heard upon facts found by His Honor and assented to by the parties, at chambers on February 26, 1879, and from the rulings thereon, both appeal. The defendant moves to dismiss the appeal of the assignee on two grounds; first, for want of a case prepared and served on the appellee, McLean, alone interested in the subject matter of the appeal; and secondly, because no appeal bond was filed within the time limited by law.
The first ground is untenable since the facts constituting the case on appeal were agreed on and in writing at or before the hearing. It was not…
2Cases cited1 opinion
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
3Cited by3 opinions
- Yancey v. . GreenleeSupreme Court of North Carolina · 1884
- Hutchison v. . RumfeltSupreme Court of North Carolina · 1880
- Chastain v. . ChastainSupreme Court of North Carolina · 1882