Wilson v. . Seagle
Supreme Court of North Carolina
Appeal from an order made at Pall Term, 1880, of LINCOLN Superior Court, by Seymour, J. From the transcript and the case for the appeal, the following facts appearIn the year 1877, the plaintiffs filed a petition in the probate court of Lincoln county for partition of lands between the defendants and themselves.
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Appeal from an order made at Pall Term, 1880, of LINCOLN Superior Court, by Seymour, J. From the transcript and the case for the appeal, the following facts appearIn the year 1877, the plaintiffs filed a petition in the probate court of Lincoln county for partition of lands between the defendants and themselves. Upon the filing of answers raising issues, the cause was transferred to the superior court of that county, and at spring term, 1878, a decision was rendered adverse to the defendants, an.c! a writ of procedendo ordered tobe issued to the probate court to grant the partition prayed…
1Opinion of the CourtRumin, J.
The question presented for our determination is, was the appeal prayed for by the defendant in 1878, still pending? Or did his subsequent conduct amount to an abandonment thereof?
According to the practice which obtained before the adoption of the Code, an appeal was allowed by the court, and the preparation and perfection of it was the act of the court. But the Code makes a notable change in this particular; an' appeal is no longer prayed for, but it is taken. Bat. Rev., ch. 17, § 299. As said byRonMAN, J.,in delivering the opinion in the case of Campbell v. Allison, 63 N. C., 568, “the judge…
2Cases cited4 opinions
- Smith v. . LyonSupreme Court of North Carolina · 1880
- Campbell v. . Allison and OthersSupreme Court of North Carolina · 1869
- McRae v. . Commissioners of New HanoverSupreme Court of North Carolina · 1876
- State v. . HawkinsSupreme Court of North Carolina · 1875
3Cited by10 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1981
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
- Avery v. . PritchardSupreme Court of North Carolina · 1885
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