Brown v. . Taylor
This text of 91 S.E. 523 (Brown v. . Taylor) 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.
Opinion
The plaintiff moves in this Court to strike out from tbe record the case on appeal on the ground that it was not served in time, and to affirm the judgment. The defendant moves for a certiorari in order that the case on appeal may be settled, and filed affidavits showing an agreement of one of the counsel for the plaintiff extending the time for service of case on appeal.
No affidavit of counsel with whom the agreement is alleged to have been made has been filed.
The motion of the plaintiff is denied and the motion for a certiorari is allowed because, while we will not pass on affidavits and determine whether an oral agreement which is denied has been made we do consider affidavits showing an agreement, which are uncontradicted. Sondley v. Asheville, 112 N. C., 694.
The plaintiff is allowed twenty days after this opinion is certified to the Superior Court to serve his case on appeal, or exceptions to the defendants’ case.
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Cite This Page — Counsel Stack
91 S.E. 523, 173 N.C. 700, 1917 N.C. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-taylor-nc-1917.