Turner v. . Tate
Supreme Court of North Carolina
MotioN by Josiah Turner against S. McD. Tate for a penalty for failure to appear when summoned as a witness in Orange Superior Court. From the order of the Court below setting aside a judgment absolute against the defendant the plaintiff appealed. The appeal was dismissed, on motion of defendant, for failure to print the record.
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MotioN by Josiah Turner against S. McD. Tate for a penalty for failure to appear when summoned as a witness in Orange Superior Court. From the order of the Court below setting aside a judgment absolute against the defendant the plaintiff appealed. The appeal was dismissed, on motion of defendant, for failure to print the record. Thereupon plaintiff moved to ro-instate the case, alleging that his failure to print was caused by his want of and inability to borrow the necessary money, adding that the illustrious Judge Badger was fond of saying: “ While Solomon was wise and Samson was strong,…
1Opinion of the Court
Clark, J.:
The appeal was dismissed for failure to print the case on appeal as required by Rules 28 and 29 of this Court. The plaintiff files a motion to re-instate upon the ground that before he could get up the money to have the record printed the case had been reached and dismissed. In Rencher v. Anderson, 93 N. C., 105, it was held that when the appellant does not appeal as a pauper the rule requiring the record to be printed will not be relaxed becauso the appellant files an affidavit that lie is unable to raise the money necessary to print. It has since been repeatedly pointed out by the…
2Cases cited3 opinions
- Rencher v. . AndersonSupreme Court of North Carolina · 1885
- Edwards v. Town of HendersonSupreme Court of North Carolina · 1891
- Stephens v. . KoonceSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Dunn v. . UnderwoodSupreme Court of North Carolina · 1895