Board of Commissioners v. Old Dominion Steamship Co.
Supreme Court of North Carolina
This is a civil ACTION, which was tried before Philips, Judge, at June Term, 1886, of Pitt Superior Court. There was judgment for the plaintiff, and the defendant appealed. At February Term, 1887, of the Supreme Court, the appellant made an application for the writ of certiorari, in aid of its appeal. The Court then delivered the following opinion:
1Opinion
There was a judgment in favor of the plaintiff, from which the defendant appealed to this Court, of which he gave due notice, and filed the undertaking required. The clerk of the Superior Court refused to send up the transcript, for the reason given by him, that there was no case on appeal signed by the judge.
Upon affidavits filed, a certiorari was awarded at the last term of this Court, and in return thereto a transcript of the record has been sent up without any statement of the case.
It is shown by affidavits that a statement of the case, as (166) required by the law regulating appeals, was…
2Cases cited6 opinions
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
- Sanders v. . NorrisSupreme Court of North Carolina · 1880
- Adams v. ReevesSupreme Court of North Carolina · 1876
- Simonton v. . SimontonSupreme Court of North Carolina · 1879
- Clemmons v. . ArchbellSupreme Court of North Carolina · 1890
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