Haynes v. . Coward
Supreme Court of North Carolina
This was a petitioN for a certiora/ri to have transcript sent up from the Superior Court of JaoKsoN County, at the Spring Term, 1893, of which the case was tried. The petitioner Coward appealed from the judgment below, but failed to have tbe transcript docketed in this Court at the term next ensuing the term of the Court at which the case was tried. Plaintiff had a transcript of part of the record docketed and appeal dismissed.
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This was a petitioN for a certiora/ri to have transcript sent up from the Superior Court of JaoKsoN County, at the Spring Term, 1893, of which the case was tried. The petitioner Coward appealed from the judgment below, but failed to have tbe transcript docketed in this Court at the term next ensuing the term of the Court at which the case was tried. Plaintiff had a transcript of part of the record docketed and appeal dismissed. At this term the defendant applied for a certiorari alleging as an excuse for his delays the negligence and delay of the Clerk of Jackson Superior Court to make out…
1Opinion of the Court
Clark, J.:
If there is delay in sending up the transcript on appeal in time to be docketed for hearing .during the call of the district to which it belongs at the first term of this Court beginning after the trial below as required by Rule 5 (115 N. C., 835) and such delay is caused by the neglect of the clerk or judge, all the authorities are to the effect that the appellant, if without laches himself, is entitled to a certiorari to bring up the transcript' or the omitted part of it,- as the case may be. But the writ must be applied for regularly, at such term (Rule 41) and before the appeal…
2Cases cited4 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Paine v. . CuretonSupreme Court of North Carolina · 1894
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Triplett v. . FosterSupreme Court of North Carolina · 1893
3Cited by6 opinions
- Burrell v. . HughesSupreme Court of North Carolina · 1897
- Stone v. . LedbetterSupreme Court of North Carolina · 1926
- Benedict v. Jones.Supreme Court of North Carolina · 1902
- William v. . MontagueSupreme Court of North Carolina · 1897
- Walsh v. . BurlesonSupreme Court of North Carolina · 1910
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