Roberts v. . Partridge
Supreme Court of North Carolina
• Civil actioN, tried at February Term, 1895, of Guil-ford Superior Court, before Greene, J., and a jury. There was judgment for the defendants and plaintiffs appealed.
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• Civil actioN, tried at February Term, 1895, of Guil-ford Superior Court, before Greene, J., and a jury. There was judgment for the defendants and plaintiffs appealed. Within the time for serving case on appeal, appellants’ counsel prepared and handed to appellee’s counsel his statement of case on appeal, on back )f which was endorsed, “Case on appeal served on Dillard & King, attorneys for Evitt & Bro., by leaving same with said attorneys, March 30,1895, (signed,) John A. B&rringer, plaiutiffs’ attorney.” The service was not accepted by appellee’s counsel, though appellants’ counsel alleges…
1Opinion of the Court
Clark, J.:
The facts as to service of the case on appeal áre very similar to those in the recent cases of Cummings v. Hoffman, 113 N. C., 267, and Lyman v. Ramseur, Ibid., 503. The attempted service of the appellant’s case on appeal by counsel was a nullity. State v. Price, 110 N. C., 599. The affidavit of the appellant’s counsel that the defendant’s counsel verbally agreed to accept service is denied by the latter and cannot be considered. Rule 39' of this Court and numerous cases cited in Clark’s Code, (2nd Ed..) 704, and in the supplement to the same, p. 103. The return of the appellants’…
2Cases cited3 opinions
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Jones v. . CallSupreme Court of North Carolina · 1885
- State v. . PriceSupreme Court of North Carolina · 1892
3Cited by5 opinions
- State v. DanielsSupreme Court of North Carolina · 1949
- Smith v. . SmithSupreme Court of North Carolina · 1896
- Smith v. . SmithSupreme Court of North Carolina · 1896
- Lindsey v. Supreme Lodge of Knights of HonorSupreme Court of North Carolina · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911