Legal Opinion

Wade v. . City of Newbern

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 17 opinions

Civil aotioN, tried before Ciarle, J., at Spring Term, 1874, ,of CARTERET Superior Court. The plaintiff, Amos Wade, instituted an action in the Supe-rior Court of Craven County to recover damages for the breach of a contract alleged to have been made between the plaintiff and the defendant, the city of Newborn. The cause was subsequently removed to Carteret county. Upon the trial a verdict was rendered in favor of the plaintiff’, and the Court gave judgment accordingly.

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Civil aotioN, tried before Ciarle, J., at Spring Term, 1874, ,of CARTERET Superior Court. The plaintiff, Amos Wade, instituted an action in the Supe-rior Court of Craven County to recover damages for the breach of a contract alleged to have been made between the plaintiff and the defendant, the city of Newborn. The cause was subsequently removed to Carteret county. Upon the trial a verdict was rendered in favor of the plaintiff’, and the Court gave judgment accordingly. Whereupon the defendant appealed. The case was decided in this Court upon a question of practice, which is fully set out in…

1Opinion of the Court

ByNüm, J.

The law cannot be well administered without rules, and the very purpose of the Code of Civil Procedure is to establish a system of rules which are supposed to be the most conducive to the certain and speedy administration of justice. But it would be destructive of this end if the Court should fail to recognize and enforce the regulations as set forth in C. C. P. for the right government of civil actions in all stages of their progress.

The Code has provided how appeals may be taken and perfected, with as much precision as it has provided for the previous stages of the action, by…

2Cases cited1 opinion

  1. Bryan v. . HubbsSupreme Court of North Carolina · 1873

3Cited by17 opinions

  1. State v. . PriceSupreme Court of North Carolina · 1892
  2. Walton v. . PearsonSupreme Court of North Carolina · 1880
  3. Glanton v. . JacobsSupreme Court of North Carolina · 1895
  4. Simmons v. . AndrewsSupreme Court of North Carolina · 1890
  5. Rouse v. . QuinnSupreme Court of North Carolina · 1876

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