Legal Opinion

Smith v. . Summerfield

Supreme Court of North Carolina

Decided September 5, 1890Published

This was a Motion of defendants to reinstate an appeal, heard in the Supreme Court at the September Term, 1890. . The facts are stated in the opinion.

1Opinion of the Court

Clark, J.:

The appellant files affidavits of himself and others that he caused, in due time, the necessary number of copies'of the record to be printed, a,s required by Rule 28 of this Court; that he applied to his counsel and to the Clerk of the Superior Court for information as to what disposition to make of them; that, misunderstanding the-instruction received, and in good faith, he sent only one printed copy to this Court, and mailed others to the respective counsel on both sides, and he files, with the motion, the requisite number of the printed record. Due notice of the motion to…

2Cases cited2 opinions

  1. Griffin v. . NelsonSupreme Court of North Carolina · 1890
  2. Whitehurst v. . PettipherSupreme Court of North Carolina · 1890

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