Hardee v. . Timberlake
Supreme Court of North Carolina
Appeal by plaintiffs from WheJbee, J., at May Term, 1912, of Pitt. The facts are sufficiently stated in the opinion of the Court by Mr. Clvief Justice Clark.
1Opinion of the CourtClark, C. J.
This is a motion to dismiss because the “case on appeal” was not served on time. The facts found by his Honor are that “on Friday, 24 May, 1912, all jury trials being concluded, the court discharged the jury, but announced that he would come to the courtroom Saturday morning, 25 May, to sign judgments, which he did at that time, and then went to his home, which was in the same town. The case on appeal was served 26 June, 1912. By agreement, the appellant was allowed thirty days in which to serve case on appeal.”
The term of the court expired Saturday morning, 25 May, when the court left the…
2Cases cited2 opinions
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- Guano Company v. . HicksSupreme Court of North Carolina · 1897
3Cited by8 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- State v. . MooreSupreme Court of North Carolina · 1936
- State v. MooreSupreme Court of North Carolina · 1936
- May v. National Fire InsuranceSupreme Court of North Carolina · 1916
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