Herbin v. Wagoner
Supreme Court of North Carolina
This was a PROCEEDING-, begun before the Clerk of the Superior Court of Ro'ciciNGHam, by William H. Herbin, by motion, founded on an affidavit and carried by theiespond-ent, Mary E. Wagoner, by appeal to the Superior Court in Term, where the judgment of the Clerk set out in the record was affirmed, and the respondent appealed to this Court.
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This was a PROCEEDING-, begun before the Clerk of the Superior Court of Ro'ciciNGHam, by William H. Herbin, by motion, founded on an affidavit and carried by theiespond-ent, Mary E. Wagoner, by appeal to the Superior Court in Term, where the judgment of the Clerk set out in the record was affirmed, and the respondent appealed to this Court. In the month of February, 1880, the parties above- ■ n 'med filed a petition in the superior court of Rocking-ham county for a partition of the land of William and Robert Herbin, deceased, they being lieirs-at-law of Robert and devisees of William Herbin.…
1Opinion of the Court
Faircloth, C. J.:
The defendant appellant had her ease on appeal duly served on plaintiff’s attorney, who prepared his exceptions thereto and returned the same, with his copy, to an attorney supposed by him to represent the appellant, without any acceptance or service by the sheriff. These papers remained with said attorney, and the papers were never sent to the judge who tried the case, and no case was settled for this Court by the judge. The appellant had the transcript docketed in this Court with her case on appeal. The plaintiff appellee now comes and moves for an order for a writ of…
2Cases cited7 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Morris v. . GentrySupreme Court of North Carolina · 1883
- State v. . PriceSupreme Court of North Carolina · 1892
- Forte v. . BooneSupreme Court of North Carolina · 1894
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3Cited by7 opinions
- Card v. Finch.Supreme Court of North Carolina · 1906
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Credle v. . BaughamSupreme Court of North Carolina · 1910
- In Re Matter of AckahCourt of Appeals of North Carolina · 2017
- Smith v. . SmithSupreme Court of North Carolina · 1896
2 more not listed; retrieve them via the Exa API.