In Re Burwell's Will

Supreme Court of North Carolina

In Re Burwell's Will

31 S.E. 382, 123 N.C. 125

DecidedOctober 18, 1898

StatusPublished

This text of 31 S.E. 382 (In Re Burwell's Will) 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

In Re Burwell's Will, 31 S.E. 382, 123 N.C. 125 (N.C. 1898).

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Opinion

Clark, J.:

This is a motion by the appellee to docket and dismiss under Rule 17 an appeal which the appellant should have docketed “before the Court begins the call of causes from the district” (formerly “during the first two days of the call”) to which it belongs. Amended Rules 5 and 17, 121 N. C., 694, 695. This motion can be made at, or at any time after, the beginning of the call of the district if the appeal has not then been docketed. The objection is made that this motion is made after the week assigned to that district has passed and is too late. The objection is invalid. Under the Rule the appeal should be docketed before the beginning of the call of the district, but it can be docketed thereafter at any time during that term, and the motion to docket and dismiss can also be made at said term at any time after the beginning of the call of the district, the only limitation being that the appeal if not docketed in the prescribed time must be docketed at said term a,nd before the appellee has moved under this rule-(17) fi> *126 docket and dismiss. Packing Co. v. Williams, 122 N. C., 406, and cases there cited.

Motion allowed.

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Clark, J.:

This is a motion by the appellee to docket and dismiss under Rule 17 an appeal which the appellant should have docketed “before the Court begins the call of causes from the district” (formerly “during the first two days of the call”) to which it belongs. Amended Rules 5 and 17, 121 N. C., 694, 695. This motion can be made at, or at any time after, the beginning of the call of the district if the appeal has not then been docketed. The objection is made that this motion is made after the week assigned to that district has passed and is too late. The objection is invalid. Under the Rule the appeal should be docketed before the beginning of the call of the district, but it can be docketed thereafter at any time during that term, and the motion to docket and dismiss can also be made at said term at any time after the beginning of the call of the district, the only limitation being that the appeal if not docketed in the prescribed time must be docketed at said term a,nd before the appellee has moved under this rule-(17) fi> *126 docket and dismiss. Packing Co. v. Williams, 122 N. C., 406, and cases there cited.

Motion allowed.

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Bluebook (online)

31 S.E. 382, 123 N.C. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-burwells-will-nc-1898.

Opinion

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