Mason v. . Osgood

Supreme Court of North Carolina

Mason v. . Osgood

72 N.C. 120

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1875

StatusPublished

Cited by3 cases

This text of 72 N.C. 120 (Mason v. . Osgood) 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

Mason v. . Osgood, 72 N.C. 120 (N.C. 1875).

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Opinion

*121 Reade, J.

The defendant appealed and regularly made out a statement of the case for this Court, to which the plaintiff did not agree, and the Judge, being notified of the disagreement, appointed a day to settle the case,'and notified the parties; but before he settled the case his term of office expired, and so no case was sent up. The appellant moves in this Court for a new trial. And this seems to be the only remedy. This is supported by Isler v. Haddock, at this term, ante 119, and by the cases there cited.

There is error.

Peb Curiam. Venire de novo.

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*121 Reade, J.

The defendant appealed and regularly made out a statement of the case for this Court, to which the plaintiff did not agree, and the Judge, being notified of the disagreement, appointed a day to settle the case,'and notified the parties; but before he settled the case his term of office expired, and so no case was sent up. The appellant moves in this Court for a new trial. And this seems to be the only remedy. This is supported by Isler v. Haddock, at this term, ante 119, and by the cases there cited.

There is error.

Peb Curiam. Venire de novo.

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Bluebook (online)

72 N.C. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-osgood-nc-1875.

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