Seay v. . Yarborough
Supreme Court of North Carolina
Civil ACTION, tried before Gilmer, Judge, at Spring Term, 1885, of the Superior Court of Haywood county. At the last Term of this Court, the plaintiffs, (the appellees), moved to docket and dismiss the appeal, under Rule 2, §8, and at the same Term, after notice to the plaintiffs, the defendants moved to re-instate the appeal and for a writ of certiorari. The facts appear in the opinion.
1Opinion of the CourtMerrihoN, J.
It appears that at the Spring Term, 1885, of the Superior Court of the county of Haywood, the plaintiff obtained judgment against the defendant, from which the latter took and .perfected an appeal to this Court, but he failed to bring the same up to the last October Term, as regularly he should have done.
At the last mentioned Term of this Court, the appellee moved upon the certificate of the Clerk of the Superior Court, under Rule 2, §8, to docket and dismiss the appeal, which motion was then allowed.
Afterwards, during the same Term, the appellant gave notice of a motion to be heard at the…
2Cases cited2 opinions
- Walton v. . PearsonSupreme Court of North Carolina · 1880
- Sparks v. . SparksSupreme Court of North Carolina · 1885
3Cited by1 opinion
- Evans v. District CourtIdaho Supreme Court · 1930