Turner v. . Powell
Supreme Court of North Carolina
Certiorari — Appeal. APPLICATION by the defendants for a Certiorari in lien of an appeal, heard at October Term, 1885, of the Supreme Court!, The petitioners appealed from a judgment rendered against them in the Superior Court of the county of Catawba in the action of J. Turner, et al., v. A. M. Powell, et al., pending therein, to the last Spring Term of this Court.
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Certiorari — Appeal. APPLICATION by the defendants for a Certiorari in lien of an appeal, heard at October Term, 1885, of the Supreme Court!, The petitioners appealed from a judgment rendered against them in the Superior Court of the county of Catawba in the action of J. Turner, et al., v. A. M. Powell, et al., pending therein, to the last Spring Term of this Court. A motion was made at that term to dismiss the appeal, because there did not appear to be an undertaking upon appeal as required bylaw. That motion was allowed. Afterwards, during that term, it was made to appear that such…
1Opinion of the Court
MerrimON, J.,
(after stating the facts). It is plain that the petitioners fail to show any sufficient legal excuse for their failure to perfect their appeal as required by the statute in such cases. It has been decided repeatedly that “ mere ignorance of the legal requirements in executing or filing the undertaking upon appeal will not excuse and entitle him (the appellant) to the writ of cer-tiorari as a substitute for the lost appeal.” The appellant is always “presumed to know the law, and must inform himself in ,respect to what is required of him.” “He must be diligent and careful in…
2Cases cited1 opinion
- Winborn v. . ByrdSupreme Court of North Carolina · 1885
3Cited by3 opinions
- State v. ArringtonSupreme Court of North Carolina · 2018
- Griffin v. . NelsonSupreme Court of North Carolina · 1890
- State v. ArringtonSupreme Court of North Carolina · 2018