Allison v. . Whittier
Supreme Court of North Carolina
This is an appeal from an order made by Boykin, J., setting aside a judgment, at Fall Term, 1888, of SwaiN Superior Court.
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This is an appeal from an order made by Boykin, J., setting aside a judgment, at Fall Term, 1888, of SwaiN Superior Court. The action was instituted on April 27th, 1886, by J. B. Allison against Clark Whittier, to pursue and enforce a trust upon land bought by one R. V. Welch, under an agreement with the former that they were to be equally interested in all such land as they, or either one of them, might buy in certain named counties, and by said Welch, who had taken title h> himself, conveyed to the said Whittier. The original parties having died pending the action, the heirs of the…
1Opinion of the CourtSmith, C. J.
(after stating the case.) Upon the calling of the cause the defendant submitted a motion to dismiss the appeal, assigning as grounds therefor :
1. For that the record fails to show that any appeal was entered in the Court below -K and
2. For that the penal sum mentioned in the undertaking, without any authority for the reduction, is fifty dollars instead of $250, specified in The Code, § 552.
Neither of these reasons require us to refuse to entertain the appeal and pass upon the assigned errors. It is the duty of the Clerk to perfect his record in reference to the taking the appeal, and his…
2Cases cited8 opinions
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- State v. . LindseySupreme Court of North Carolina · 1878
- Erwin v. . LowerySupreme Court of North Carolina · 1870
- Mabry v. . HenrySupreme Court of North Carolina · 1880
- Moore v. . DicksonSupreme Court of North Carolina · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
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- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Coor v. . SmithSupreme Court of North Carolina · 1890
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