Fleming v. . McPhail
Supreme Court of North Carolina
Civil actioN tried before Mclver, J., at Spring Term, 1897, of Sampson Superior Court. The plaintiffs appealed from a judgment rendered for the defendants who moved in this Court to dismiss tlie appeal for appellants’ failure to print an “exhibit” which was made a part of the case on appeal.
1Opinion of the Court
Clark, J.:
If exception from the practice regulating appeals is made in one case as a favor, every other appellant has the right to argue that he also should he excepted, if negligent. The consequence will he that the time of the appellate Court which, as far as possible, should be devoted exclusively to hearing appeals upon their merits, will be largely taken up with the discussion of mere questions of practice raised by those who, having from indifference or negligence disregarded the regulations which govern the procedure as to appeals, conceive each that his cause should be made an…
2Cases cited5 opinions
- Horton v. . GreenSupreme Court of North Carolina · 1889
- Hunt v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Wiley v. Bessemer City Mining Co.Supreme Court of North Carolina · 1895
- Barnes v. . CrawfordSupreme Court of North Carolina · 1896
- Thurber v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1896
3Cited by3 opinions
- Cudworth v. Reserve Life Insurance Co.Supreme Court of North Carolina · 1956
- Thurber v. . B. and L. Assn.Supreme Court of North Carolina · 1895
- Hicks v. . RoyalSupreme Court of North Carolina · 1898