Daniel v. . Rogers
Supreme Court of North Carolina
Civil action, tried before Clark, Judge, at September Term, 1886, of the Superior Court of New Hanover County. For the reasons set out in the opinion, the ease was remanded.
1Opinion of the CourtSmith, C. J.
The transcript in this appeal, consists only of the case agreed, the judgment of the Court thereon, and the undertaking on appeal. It is not a controversy “submitted without action” under §507 of The Code, nor can the record he upheld as such, for want of compliance with its requirements. There is no process, or waiver of process, apparent, and there is no pleading, by which we can see that it was properly constituted in the Court from which the appeal comes, nor except from the agreed statement of facts, what are the respective contentions of the parties. The case is the same as that of…
2Cases cited1 opinion
- Rowland Bros. v. R. J. Mitchell & SonSupreme Court of North Carolina · 1884
3Cited by2 opinions
- Jones v. . HoggardSupreme Court of North Carolina · 1890
- Wyatt v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1891