Finch v. Strickland.
Supreme Court of North Carolina
ActioN by N. B. Finch against A. S. Strickland and others, heard by Judge E. W. Timberlalce, at November Term, 1901, of the Superior Court of Nasi-i County. From a judgment for the latter, the former appealed.
1Opinion of the CourtClark, J.
In settling the “ease on appeal,” the appellant insisted that certain affidavits sent np on a former appeal were unnecessary on this appeal, and should be omitted. The appellee contended to the contrary. The Judge was of the latter’s opinion, and directed the Clerk to include them iu the transcript. Afterwards, the appellant directed the Clerk to omit them, and accordingly that part of the transcript is not sent up, and of course not printed.
This defect in the transcript the appellant contends is immaterial ; the appellee insists it is vital. The' case must be “settled on appeal” by the Judge…
2Cases cited3 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Allen v. . HammondSupreme Court of North Carolina · 1898
- Ferrabow v. . GreenSupreme Court of North Carolina · 1892
3Cited by2 opinions
- Roanoke Railroad & Lumber Co v. PrivetteSupreme Court of North Carolina · 1919
- Finch v. Strickland.Supreme Court of North Carolina · 1903