Wiley v. . Logan
Supreme Court of North Carolina
Motion by the plaintiff to re-instate an appeal on the docket of this Court, heard at February Term, 1886, of the SUPREME Court. The appeal was dismissed at the last Term, because the record had not been printed.
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Motion by the plaintiff to re-instate an appeal on the docket of this Court, heard at February Term, 1886, of the SUPREME Court. The appeal was dismissed at the last Term, because the record had not been printed. The petitioner represents that a judgment was rendered against him in favor of defendant, at the October Term, 1885, of Meck-lenburg Superior Court, from which he took an appeal to this Court, and all the necessary steps, under the law and rules of this Court, were taken to perfect the same, and it was duly docketed in this Court. That he was a plain farmer, and knew nothing about…
1Opinion of the CourtAshe, J.
(after stating the facts). It is held that the spirit and equity of the provisions of §133 C. C. P., The Code §274, extend to this Court, and the same relief will be administered in like cases in this Court, as iu the Superior Court. Wade v. City of Newbern, 73 N. C. 318., Horne v. Horne, 75 N. C., 101. The question then is, do the facts set forth in the petition, constitute such a case as would entitle the petitioner to relief in. the Superior Court.
This Court, in several eases, has recognized adistinction between the negligence of an attorney and that of the parfy to the action» In the…
2Cases cited6 opinions
- Conrad v. . MoreheadSupreme Court of North Carolina · 1883
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
- Bushee v. . SurlesSupreme Court of North Carolina · 1877
- Ellington, Royster & Co. v. WickerSupreme Court of North Carolina · 1882
- Horne v. . HorneSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gaylord v. . BerrySupreme Court of North Carolina · 1915
- Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916
- Griffin v. . NelsonSupreme Court of North Carolina · 1890
- Bowen v. . FoxSupreme Court of North Carolina · 1888
- Schiele v. North State Fire InsuranceSupreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.