Simmons v. . Andrews
Supreme Court of North Carolina
This was a civil ACTION, tried before Shipp, J., at March Term, 1889, of JoN.es Superior Court. There was judgment for the plaintiff, and the defendant appealed. The facts sufficiently appear in the opinion.
1Opinion of the Court
Clark, J.:
The appeal in this case was taken at March Term, 1889, of Jones Superior Court. The appellant served his case on appeal and the appellee his counter-case. Thereupon the statute (The Code, §550) made it the duty of the appellant to “immediately” request the Judge to fix a time and place for settling the case. On the contrary, it appears that no application was made by appellant to the Judge for that purpose till October 15th, a delay of nearly seven •months. The Judge then adopted appellee’s case, but added that he did not distinctly remember what had occurred, owing to the long…
2Cases cited10 opinions
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
- Sanders v. . NorrisSupreme Court of North Carolina · 1880
- State v. . MurraySupreme Court of North Carolina · 1879
- Russell v. . DavisSupreme Court of North Carolina · 1888
- Simonton v. . SimontonSupreme Court of North Carolina · 1879
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3Cited by13 opinions
- State v. . MooreSupreme Court of North Carolina · 1936
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- Peebles v. . BraswellSupreme Court of North Carolina · 1890
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