Mitchell v. Baker.
Supreme Court of North Carolina
ActioN by A. Mitchell against J. E. Baker and wife, heard by Judge O. H. Allen and a jury, at December (Special) Term, 1900, of the Superior Court of Lenoik County. From a judgment for the defendants, the plaintiff appealed.
1Opinion of the Court
OlaRií,' J.
The appellant moves for a writ of certiorari for an amendment in the case on appeal upon a statement from the trial Judge that he is willing to make it. The motion comes too late. The appeal was docketed and printed before the call of the district at last term, and with proper diligence the motion should have been made in time to have the case heard at last term, or at least at the call of the district at that term. It is laches to wait till this term, with the result that if allowed there would be another delay of six months. He who seeks a certiorari must negative laches. State…
2Cases cited2 opinions
- Peebles v. . BraswellSupreme Court of North Carolina · 1890
- State v. . GriffisSupreme Court of North Carolina · 1895
3Cited by2 opinions
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- State v. Simons.Supreme Court of North Carolina · 1920