Opinion · Supreme Court of North Carolina

Sever v. . McLaughlin

82 N.C. 332

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1880-01-05
Topic
general

Verdict and judgment in favor of plaintiffs, and the defendant appealed. Upon the hearing in this court, the plaintiffs' counsel moved to dismiss the appeal, on the ground that *Page 333 the appeal bond was not filed within the time required by law. As appears from the record the judgment was rendered on the 3rd day of March, 1879, and the appeal prayed for and granted. The appeal bond bears date March the 20th, 1879, and there is an endorsement on the back of the bond by the clerk of the court that the bond was filed on the 29th day of April, 1879. Taking either date as the time of filing the bond, it was not done within ten days from the rendition of the judgment appealed from, as required by law, and it does not appear from the record that there was any agreement between the counsel, waiving the time of complying with the rule.Wade v.

Citator

UpLaw has not yet analyzed Sever v. . McLaughlin. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions