Lovic v. Providence Life Insurance

Supreme Court of North Carolina

Lovic v. Providence Life Insurance

14 S.E. 43, 109 N.C. 302

DecidedSeptember 5, 1891

StatusPublished

This text of 14 S.E. 43 (Lovic v. Providence Life Insurance) 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

Lovic v. Providence Life Insurance, 14 S.E. 43, 109 N.C. 302 (N.C. 1891).

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Opinion

Davis, J.:

There is no statement of the case on appeal, and no exceptions or assignment of- error appear in the *303 record, nor is there anything in the voluminous transcript sent to this Court to show that either party was dissatisfied with anything that occurred in the progress of the trial, or that any appeal was taken, except the following entry at the close of the judgment: “ From the foregoing judgment the plaintiff and defendant appeal; notice waived; bond fixed at $25;” and, “it is agreed that either party have until May 1st, 1891, to file case on appeal and perfect appeal. April 4th, 1891.” This agreement is signed by counsel for both sides. Only one transcript is sent up, and there is nothing to indicate whether it is the appeal of the plaintiff or defendant, •except the Clerk’s certificate of deposit of $25 in cash made by the defendant in lieu of an appeal bond. No appeal has been perfected as required by The Code, or in accordance with the agreement of the parties, and the judgment must be affirmed. Mitchell v. Tedder, 108 N. C., 266; State v. Henry, 104 N. C., 914.

•Affirmed.

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Davis, J.:

There is no statement of the case on appeal, and no exceptions or assignment of- error appear in the *303 record, nor is there anything in the voluminous transcript sent to this Court to show that either party was dissatisfied with anything that occurred in the progress of the trial, or that any appeal was taken, except the following entry at the close of the judgment: “ From the foregoing judgment the plaintiff and defendant appeal; notice waived; bond fixed at $25;” and, “it is agreed that either party have until May 1st, 1891, to file case on appeal and perfect appeal. April 4th, 1891.” This agreement is signed by counsel for both sides. Only one transcript is sent up, and there is nothing to indicate whether it is the appeal of the plaintiff or defendant, •except the Clerk’s certificate of deposit of $25 in cash made by the defendant in lieu of an appeal bond. No appeal has been perfected as required by The Code, or in accordance with the agreement of the parties, and the judgment must be affirmed. Mitchell v. Tedder, 108 N. C., 266; State v. Henry, 104 N. C., 914.

•Affirmed.

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Bluebook (online)

14 S.E. 43, 109 N.C. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovic-v-providence-life-insurance-nc-1891.

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