Smith v. . Lyon
Supreme Court of North Carolina
Motion to dismiss an Appeal heard at January Term, 1880, of The Supreme Court. At February term, 1879, of the superior court of Wake county, a judgment was rendered (by Eure, J., presiding) in behalf of the defendants in a civil action then depending, wherein Hilliard J. Smith is plaintiff, and James J. Lyon, Wiley Lyon and William Jackson, administrator of Lewis Jackson deceased, are defendants.
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Motion to dismiss an Appeal heard at January Term, 1880, of The Supreme Court. At February term, 1879, of the superior court of Wake county, a judgment was rendered (by Eure, J., presiding) in behalf of the defendants in a civil action then depending, wherein Hilliard J. Smith is plaintiff, and James J. Lyon, Wiley Lyon and William Jackson, administrator of Lewis Jackson deceased, are defendants. From this judgment the plaintiff prayed for and obtained an appeal, but no transcript of the record of the case was sent up until the present term of this court. The defendants’ counsel now move to…
1Opinion of the CourtAshe, J.
The law requires that appeals to the supreme •court shall betaken to the next term after the appeal is prayed for and granted in the court below. The appeal in this case should have been taken to June term, 1879, of this court and the transcript then filed, but as the plaintiff has failed to do so, he has lost his appeal. State v. Hawkins, 72 N. C., 180. The motion is sustained and the appeal dismissed. Let this be certified to the-superior court of Wake.
■Per Curiam. -Appeal dismissed.
2Cases cited1 opinion
- State v. . HawkinsSupreme Court of North Carolina · 1875
3Cited by8 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Weathers v. BordersSupreme Court of North Carolina · 1899
- Wilson v. . SeagleSupreme Court of North Carolina · 1881
- Suiter v. . BrittleSupreme Court of North Carolina · 1884
- Howerton v. . HendersonSupreme Court of North Carolina · 1882
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