Wiseman v. Commissioners of Mitchell County
Supreme Court of North Carolina
Dismissal of Appeals — Rules of Court. This was an Action for a mandamus, tried before MacRae, ‘J., at the Spring Term, 1887, of Mitchell Superior Court, upon complaint and answer and facts agreed. Motion was denied and plaintiff adjudged to pay the costs. Plaintiff appealed The facts are sufficiently set out in the opinion of the Court.
1Opinion of the Court
Clark, J.:
This appeal was docketed 17th J.uly, 1887. It has not been prosecuted in this Court. Rule 15 of the Rules of this Court provides, among other things, as follows: “ But cases not prosecuted for two terms shall, when reached in order after the second term, be dismissed at the costs of the appellant, unless the same for some sufficient cause shall be continued,” with a proviso that the appellant may move, not later than the call of the district at the next term, to reinstate, on notice to the appellee, and showing sufficient cause.
No cause for a continuance has been shown. It is the…
2Cases cited2 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Brantly v. . JordanSupreme Court of North Carolina · 1885
3Cited by6 opinions
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
- Lee v. . BairdSupreme Court of North Carolina · 1907
- Cooper v. Board of Commissioners of Franklin CountySupreme Court of North Carolina · 1922
- Phillips v. Junior Order United American MechanicsSupreme Court of North Carolina · 1918
- Cox v. . JonesSupreme Court of North Carolina · 1893
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