State v. . Edwards
Supreme Court of North Carolina
. This was a bastardy proceeding, tried before a Justice of the Peace on 23d of October. From his judgment an appeal was taken and docketed in the Superior Court of Bladen on October 26th, 1891, being the first day of the Term. At that term, when the case was called for trial, before Mclver, J., the defendant objected that, under Rule 24 of the Superior Courts, the case could not stand for trial till next term. The objection being overruled, the defendant excepted.
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. This was a bastardy proceeding, tried before a Justice of the Peace on 23d of October. From his judgment an appeal was taken and docketed in the Superior Court of Bladen on October 26th, 1891, being the first day of the Term. At that term, when the case was called for trial, before Mclver, J., the defendant objected that, under Rule 24 of the Superior Courts, the case could not stand for trial till next term. The objection being overruled, the defendant excepted. Trial was had, and the verdict and judgment being against him, the defendant appealed.
1Opinion of the Court
Clark, J.:
Rule 24 of the Superior Courts is as follows: “Appeals from Justices of the Peace in civil actions will not be called for trial unless the returns of such appeals have been docketed ten days previous to the term, but appeals docketed less than ten days before the term may be tried by consent of parties.” The power of this Court to prescribe its own rules is conferred by the Constitution, and is not subject to legislative control. Horton v. Green, 104 N. C., 400. But the power lodged here to prescribe rules for the lower Courts being conferred by statute — The Code, § 961; Barnes v.…
2Cases cited15 opinions
- Horton v. . GreenSupreme Court of North Carolina · 1889
- Barnes v. . EastonSupreme Court of North Carolina · 1887
- State v. . PeeplesSupreme Court of North Carolina · 1891
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
- State v. . BryanSupreme Court of North Carolina · 1880
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3Cited by19 opinions
- Magnuson v. BillingsIndiana Supreme Court · 1899
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
- Lee v. . BairdSupreme Court of North Carolina · 1907
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State v. . BurtonSupreme Court of North Carolina · 1893
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