Armour Packing Co. v. Williams

Supreme Court of North Carolina

Armour Packing Co. v. Williams

29 S.E. 366, 122 N.C. 406, 1898 N.C. LEXIS 272

CourtSupreme Court of North Carolina

DecidedMay 24, 1898

StatusPublished

Cited by3 cases

This text of 29 S.E. 366 (Armour Packing Co. v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armour Packing Co. v. Williams, 29 S.E. 366, 122 N.C. 406, 1898 N.C. LEXIS 272 (N.C. 1898).

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Opinion

Per Curiam:

The appeal was docketed at 10:.35 a. m. on Tuesday of the week to which it belongs. Under the present Rule 5 (121 N. CL, 694), the appellee might have moved to docket and dismiss under Rule 17 at the opening of court on Tuesday, or at any time afterwards during the term, if before the appellant dockets, the appeal, but as he did not make that motion till after the appellant had already docketed the appeal, his own lack of diligence cures the appellant’s previous laches. Smith v. Montague, 121 N. C., 92; Triplett v. Foster, 113 N. C., 389. The only difference in the present rule and that under which those cases were decided is that now, appeals being required to be docketed at the opening of the court on Tuesday of the week of the district to which an appeal belongs, the appellee can move earlier to docket and dismiss, but the principle is the same that, if he does not make that motion till after the appellant actually dockets his appeal, the motion to dismiss is too late. The appeal having been docketed after the time required (10 a. m. on Tuesday) does not stand for argument at this term, and the motion to dismiss for failure to print must also be denied. It will be sufficient if the transcript is printed when the case is reached for argument. Smith v. Montague, supra.

Motion denied.

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Per Curiam:

The appeal was docketed at 10:.35 a. m. on Tuesday of the week to which it belongs. Under the present Rule 5 (121 N. CL, 694), the appellee might have moved to docket and dismiss under Rule 17 at the opening of court on Tuesday, or at any time afterwards during the term, if before the appellant dockets, the appeal, but as he did not make that motion till after the appellant had already docketed the appeal, his own lack of diligence cures the appellant’s previous laches. Smith v. Montague, 121 N. C., 92; Triplett v. Foster, 113 N. C., 389. The only difference in the present rule and that under which those cases were decided is that now, appeals being required to be docketed at the opening of the court on Tuesday of the week of the district to which an appeal belongs, the appellee can move earlier to docket and dismiss, but the principle is the same that, if he does not make that motion till after the appellant actually dockets his appeal, the motion to dismiss is too late. The appeal having been docketed after the time required (10 a. m. on Tuesday) does not stand for argument at this term, and the motion to dismiss for failure to print must also be denied. It will be sufficient if the transcript is printed when the case is reached for argument. Smith v. Montague, supra.

Motion denied.

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Bluebook (online)

29 S.E. 366, 122 N.C. 406, 1898 N.C. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armour-packing-co-v-williams-nc-1898.

Opinion

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