Boykin v. . Wright Pass v. . Shine

Supreme Court of North Carolina

Boykin v. . Wright Pass v. . Shine

18 S.E. 212, 113 N.C. 283

DecidedSeptember 5, 1893

StatusPublished

This text of 18 S.E. 212 (Boykin v. . Wright Pass v. . Shine) 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

Boykin v. . Wright Pass v. . Shine, 18 S.E. 212, 113 N.C. 283 (N.C. 1893).

Pincite

Opinion

Burwell, J.:

The judgment was rendered at February Term, 1892, of the Superior Court. The appeal was docketed in this Court March 13,1893. It appears in the record that the appellee agreed that the appellant might have “thirty days to perfect appeal.” Upon “the case” is this endorsement — “Service accepted December 31, 1892” — and this is signed by counsel who represented plaintiffs in the Court below.

We do not think this endorsement, standing alone, constitutes in any degree a waiver of the appellee’s right to insist that the appeal shall be dismissed because not docketed here within the prescribed time. His motion to dismiss must be allowed. Appeal Dismissed.

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Burwell, J.:

The judgment was rendered at February Term, 1892, of the Superior Court. The appeal was docketed in this Court March 13,1893. It appears in the record that the appellee agreed that the appellant might have “thirty days to perfect appeal.” Upon “the case” is this endorsement — “Service accepted December 31, 1892” — and this is signed by counsel who represented plaintiffs in the Court below.

We do not think this endorsement, standing alone, constitutes in any degree a waiver of the appellee’s right to insist that the appeal shall be dismissed because not docketed here within the prescribed time. His motion to dismiss must be allowed. Appeal Dismissed.

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Bluebook (online)

18 S.E. 212, 113 N.C. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boykin-v-wright-pass-v-shine-nc-1893.