Kerr v. . Drake
Supreme Court of North Carolina
MotioN by defendants to reinstate the appeal in this case, which, has been docketed and dismissed under Eule 17, on motion of plaintiffs.
1Opinion of the Court
Per Cueiam.
This case was tried at June Special Term, 1921, of Sampson before Lyon, J. Seven days before the docket from that district was reached the appellee filed the certificate required by Rule 17, 174 N. C., 831, and his motion to docket and dismiss under said rule, which was allowed when the call of the district began. Thereafter, on the same day, the appellants filed an affidavit and moved to reinstate.
There was a verdict against the defendants and judgment from which they appealed. By consent the defendants obtained 30 days from the adjournment of said term of court to serve case on…
2Cases cited5 opinions
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- Vivian v. . MitchellSupreme Court of North Carolina · 1907
- Guano Company v. . HicksSupreme Court of North Carolina · 1897
- Hardee v. . TimberlakeSupreme Court of North Carolina · 1912
- Truelove v. . NorrisSupreme Court of North Carolina · 1910
3Cited by3 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- Little v. SheetsSupreme Court of North Carolina · 1954