Legal Opinion

Bryan v. . Moring

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 5 opinions

Appeal — Motion to Dismiss — Rules of the Supreme Court. This was an issue of divisavit vel non, tried before Shepherd, J., at Pall Term, 1887, of Chatham Superior Court. In this Court the appellees made a motion to dismiss the appeal.

1Opinion of the CourtMebjrimoN, J.

The appeal in this case was taken at the last October Term of the Superior Court of the County of Chatham, but it was not sent up and docketed in this Court until the 10th of March, too late to stand for argument at the present term, as it would have done if it had been brought up regularly under the Rule as it should have been, and docketed “ within the first eight days of the term, or before entering on the call of cases from the Judicial District to ' which the case belongs.” As it was not thus docketed, the appeal stands continued under Rule 2, § 7.

After the appeal had been docketed here,…

2Cases cited2 opinions

  1. Sudderth v. . McCombsSupreme Court of North Carolina · 1872
  2. Barbee v. . GreenSupreme Court of North Carolina · 1884

3Cited by5 opinions

  1. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
  2. Stith v. . JonesSupreme Court of North Carolina · 1896
  3. Bailey v. . BrownSupreme Court of North Carolina · 1890
  4. Triplett v. . FosterSupreme Court of North Carolina · 1893
  5. Howard v. . SpeightSupreme Court of North Carolina · 1920

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