Hoke's Ex'rs v. Carter's Adm'rs
This text of 34 N.C. 327 (Hoke's Ex'rs v. Carter's Adm'rs) 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
We cannot entertain the appeal. The defendants do not except to the judgment. It is just what they asked for — they are not “ dissatisfied therewith.” How can they appeal ?
It is only when both parties except to the judgment, as erroneous, that both have a ground tor appeal, as in the case of Devereux v Burgwin. The defendant excepted, because of error in not giving judgment in his favor; and the defendant excepted, because of error, in that he was not allowed interest upon the $1,000, for which he had judgment.
The appeal must be dismissed, arid the defendants will-pay the costs of appeal.
Per. Curiam. Judgment accordingly.
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34 N.C. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hokes-exrs-v-carters-admrs-nc-1851.