Walton v. . McKesson
Supreme Court of North Carolina
This is a MOTION made in this Court by Richmond Pearson, the executor of Richmond M. Pearson, to vacate a judgment therein rendered in this case at January Term, 1870. The action in which this motion is made, was begun by William M. Walton in the Superior Court of the county of Burke, on the loth day of March, 1866, against W. E. Mc-Kesson, N. W. Woodfin, administrator cum testamento annexo of Charles McDowell, and W. F. McKesson, administrator of James McKesson, to recover…
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This is a MOTION made in this Court by Richmond Pearson, the executor of Richmond M. Pearson, to vacate a judgment therein rendered in this case at January Term, 1870. The action in which this motion is made, was begun by William M. Walton in the Superior Court of the county of Burke, on the loth day of March, 1866, against W. E. Mc-Kesson, N. W. Woodfin, administrator cum testamento annexo of Charles McDowell, and W. F. McKesson, administrator of James McKesson, to recover the money due upon the single bond of W. F. McKesson, principal therein, and Charles McDowell and James McKesson,…
1Opinion of the CourtMerrimon, J.
(after stating the cáse.) It is very true, as contended by the learned counsel who argued in support of the' motion under consideration, that in this and like cases this Court gets jurisdiction of the subject matter and of the parties to the action through and by means of an appeal, or some appropriate proceeding or writ substituted therefor, and a party cannot be treated or affected as an appellant unless he appeals as allowed by law. The appeal is essential to the jurisdiction, and this is not complete for all purposes, though it is for some, until the transcript of the record of the appeal…
2Cases cited10 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
- Knott v. . TaylorSupreme Court of North Carolina · 1888
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3Cited by16 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- State v. . StaffordSupreme Court of North Carolina · 1932
- Mason v. Moore County Board of CommissionersSupreme Court of North Carolina · 1948
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- State v. Ravensford Lumber Co.Supreme Court of North Carolina · 1934
11 more not listed; retrieve them via the Exa API.