City of Greensboro v. McAdoo
Supreme Court of North Carolina
PhtitioN, bv defendant, to rehear the appeal dismissed at February Term, 1892, for lack of specific assignment of error in tiro ruling of the Judge below, as reported in 110 N. C., 430. The cause was beard below before Boykin, J., at February Term, 1891, of Guilford Superior Court, on appeal from the Board of City Aldermen of Greensboro, upon a case agreed and facts found by his Honor. There was judgment for the plaintiffs, and defendant appealed.
Read the full summary
PhtitioN, bv defendant, to rehear the appeal dismissed at February Term, 1892, for lack of specific assignment of error in tiro ruling of the Judge below, as reported in 110 N. C., 430. The cause was beard below before Boykin, J., at February Term, 1891, of Guilford Superior Court, on appeal from the Board of City Aldermen of Greensboro, upon a case agreed and facts found by his Honor. There was judgment for the plaintiffs, and defendant appealed. The fact's are sufficiently set out in the opinion of Chief Justice Shepherd.
1Opinion of the Court
Shepherd, C. J.:
Upon a more careful examination of the record we are of the opinion that the appeal in this case should not have been dismissed for want of sufficient assignment of error to the adjudication of the Court below. The cases cited in support of the dismissal are not in point (110 N. C., 430), as in neither of them was the judgment predicated, as in this case, upon a statement of facts agreed.
In Chamblee v. Baker, 95 N. C., 98, the Court said: “The case is made out in the facts agreed and submitted, and the appeal from the adjudication upon them is a sufficient assignment of error.…
2Cases cited6 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- Davenport Morris v. . LearySupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- Asheville v. Trust Co.Supreme Court of North Carolina · 1906
- Tarboro v. . ForbesSupreme Court of North Carolina · 1923
- City of High Point v. ClinardSupreme Court of North Carolina · 1933
- R. R. v. . AhoskieSupreme Court of North Carolina · 1926
6 more not listed; retrieve them via the Exa API.