Barrus v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
AotioN for damages for injury to a horse tried on appeal from a judgment of a Justice of the Peace, before Mc.Iver, J., and a jury, at Spring Term, 1897, of Lenoir Superior Court. The plaintiff submitted to a 11011-suit on the intimation of his Honor that he could not recover and appealed. In this Court the defendant moved to dismiss because the case on appeal was not served in time and also to affirm the judgment for want of a case and because no errors appear in the record.
1Opinion of the Court
Clark, J.:
It was competent for counsel who accepted service of the case on appeal, after the time limited by Statute, to add to his endorsement the date and that he did not waive the objection that the case was presented too late.
Such endorsement was properly certified by the Clerk as a part of the proceedings in the case. Cummings v. Huffman, 113 N. C., 267. The failure to serve the case on appeal within the time fixed by law was not cured bjr the Judge’s settling the case on appeal. Forte v. Boone, 114 N. C., 176; McNeill v. Railroad, 117 N. C., 642. If there had been no endorsement as…
2Cases cited5 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- Forte v. . BooneSupreme Court of North Carolina · 1894
- McNeill v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
3Cited by7 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
- Pike v. . SeymourSupreme Court of North Carolina · 1942
- Cozart v. Assurance Company.Supreme Court of North Carolina · 1906
- Smith v. . SmithSupreme Court of North Carolina · 1930
- State v. . RaySupreme Court of North Carolina · 1934
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