McNeill v. Raleigh & Augusta Air Line Railroad
Supreme Court of North Carolina
Civil aotioN, tried before Poke, P, and a jury, at August Term, 1895, of Moore Superior Court, to recover damages for killing plaintiff’s cowr through negligence of defendant. There was verdict for the plaintiff and defendant appealed from the judgment thereon.
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Civil aotioN, tried before Poke, P, and a jury, at August Term, 1895, of Moore Superior Court, to recover damages for killing plaintiff’s cowr through negligence of defendant. There was verdict for the plaintiff and defendant appealed from the judgment thereon. It appears from the record that the defendant’s case on appeal was filed wdth the Clerk of the Superior Court and handed by him to counsel for plaintiff within the time prescribed and was served by the Sheriff after the time for service had expired. In this Court plaintiff’s counsel moved that the statement of case on appeal be not…
1Opinion of the Court
Clark J.:
Notice of appeal was properly given and in apt time, hence a motion to dismiss the appeal would not lie and in fact was not made. The appellant’s case on appeal, unless service was accepted, could only be served by an officer. Forte v. Boone, 114 N. C., 176; Allen v. Strickland, 100 N. C., 225; State v. Johnson, 109 N. C., 852; State v. Price, 110 N. C., 599. The failure of service in due time, if it is made to appear, could not be cured even by the Judge’s settling tbe case (Forte v. Boone, supra) and when the case is not settled by the Judge, it must appear affirmatively that the…
2Cases cited11 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- State v. . JohnsonSupreme Court of North Carolina · 1891
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- Peebles v. . BraswellSupreme Court of North Carolina · 1890
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3Cited by14 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
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- State v. DanielsSupreme Court of North Carolina · 1949
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- Barber v. Justice.Supreme Court of North Carolina · 1905
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