Bailey v. . Brown
Supreme Court of North Carolina
ActioN, tried before Bynum, J., and a jury, at November Term, 1889, of Lenoir Superior Court. The transcript was not filed before the call of causes from that district was concluded, and at the close of the call the counsel for appellee exhibited the certificate of the Clerk of Lenoir Superior Court showing the names of the parties to the action, the time when the judgment and appeal were taken, the name of the appellant, and the date of settling appeal, and moved, under…
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ActioN, tried before Bynum, J., and a jury, at November Term, 1889, of Lenoir Superior Court. The transcript was not filed before the call of causes from that district was concluded, and at the close of the call the counsel for appellee exhibited the certificate of the Clerk of Lenoir Superior Court showing the names of the parties to the action, the time when the judgment and appeal were taken, the name of the appellant, and the date of settling appeal, and moved, under Rule 17 of this Court, to docket appeal and have it dismissed.
1Opinion of the Court
Clark, J.:
The certificate of the Clerk, filed as required by Rule 17, shows that the action was tried at November Term, 1889, of Lenoir Superior Court; that on disagreement of counsel the case on appeal was settled by the Judge, and filed in the Clerk’s office February 12th, 1890; that the Clerk made out the transcript of the record on appeal, and on February 18th, and repeatedly since, has notified appellant that the transcript is still in his office, and it has not been sent up because he has not paid the costs of transcript and the necessary postage thereon. The call of causes from that…
2Cases cited8 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- Avery v. . PritchardSupreme Court of North Carolina · 1885
- Martin v. . ChasteenSupreme Court of North Carolina · 1876
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3Cited by14 opinions
- Guano Company v. . HicksSupreme Court of North Carolina · 1897
- State v. . FreemanSupreme Court of North Carolina · 1894
- State v. . NashSupreme Court of North Carolina · 1891
- Triplett v. . FosterSupreme Court of North Carolina · 1893
- Brown v. . HouseSupreme Court of North Carolina · 1896
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