Bowen v. . Fox
Supreme Court of North Carolina
Appeal— Certiorari — Negligence. This was a MOTION to reinstate AN appeal and for the writ of certiorari made at this.term. The case is stated in the opinion.
1Opinion of the CourtMerrimoN, J.
The plaintiff obtained judgment against the defendant in the Superior Court of the County of Vance at May Term, 1887, from which the defendant appealed to this Court. By consent of counsel, the defendant had until the first day of July following to give the necessary undertaking on appeal, but such undertaking was not given until the 22d day of August next thereafter.
At the Fall Term of 1887 of this Court, the appeal having been docketed here, the plaintiff moved to dismiss the same upon the ground that the undertaking on appeal had not been given within the time allowed by law as extended by *128…
2Cases cited4 opinions
- Winborn v. . ByrdSupreme Court of North Carolina · 1885
- State v. . WagnerSupreme Court of North Carolina · 1884
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Bowen v. . FoxSupreme Court of North Carolina · 1887