Delafield v. Lewis Mercer Construction Co.
Supreme Court of North Carolina
Civil actioN heard before Graves, J., at Spring Term, 1894, of Craven Superior Court. The appellees except here for that the appellants’ statement of case on appeal was not served on them within the time required by law.
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Civil actioN heard before Graves, J., at Spring Term, 1894, of Craven Superior Court. The appellees except here for that the appellants’ statement of case on appeal was not served on them within the time required by law. The facts found by the Court below are, that “ at May Term of said Court, at which judgment of confirmation of a sale of defendant’s property was rendered, and from which the appeal was taken, on Friday, the 8th day of June, 1894, about noon, all the business before said Court having then been disposed of, the Judge left the bench and stated to the Sheriff that he need not…
1Opinion of the Court
Clark, J.:
There was once, to some extent, an idea prevalent that the term of a Court extended to the last Saturday of the one, two or three weeks for which it might be held, although the Judge might have left. This idea of a Court in session without a Judge is not warranted by law. Equally by The Code, §910, and by the amendatory act of 1885,'ch. 180, it is provided that the Court shall be held “ and continue in session ” for each county for one week or more (as is there specified), “ unless the business is sooner disposed of.” Thus the session or term is not for the week or weeks specified,…
2Cases cited7 opinions
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Millhiser v. . BalsleySupreme Court of North Carolina · 1890
- Walker v. . ScottSupreme Court of North Carolina · 1889
- McAdoo v. . BenbowSupreme Court of North Carolina · 1869
- Rosenthal v. . RobersonSupreme Court of North Carolina · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ex Parte McCownSupreme Court of North Carolina · 1905
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Ralls v. WyandSupreme Court of Oklahoma · 1914
- Smith v. . SmithSupreme Court of North Carolina · 1930
- Dunn v. . TaylorSupreme Court of North Carolina · 1924
15 more not listed; retrieve them via the Exa API.