Smith v. . Niel

Supreme Court of North Carolina

Smith v. . Niel

9 N.C. 14

DecidedJune 5, 1822

StatusPublished

This text of 9 N.C. 14 (Smith v. . Niel) 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

Smith v. . Niel, 9 N.C. 14 (N.C. 1822).

Pincite

Opinion

The appeal was taken up to March Term, 1820, of Bertie, at which time it was continued. At the subsequent term, commissions were moved for by Wood, and the cause was continued. At March Term, 1821, the jury was impaneled, and from the judgment then rendered the first appeal was brought to this Court, where it was decided at June Term, 1821. It was not until March Term, 1822, that a motion was made in the Superior Court of Bertie to dismiss the appeal. This must be considered as an implied waiver of any defect in the appeal bond, according to Ferguson v. McCarter, 4 N.C. 544.

PER CURIAM. Affirmed.

Cited: S. v. Mitchell, 19 N.C. 238.

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The appeal was taken up to March Term, 1820, of Bertie, at which time it was continued. At the subsequent term, commissions were moved for by Wood, and the cause was continued. At March Term, 1821, the jury was impaneled, and from the judgment then rendered the first appeal was brought to this Court, where it was decided at June Term, 1821. It was not until March Term, 1822, that a motion was made in the Superior Court of Bertie to dismiss the appeal. This must be considered as an implied waiver of any defect in the appeal bond, according to Ferguson v. McCarter, 4 N.C. 544.

PER CURIAM. Affirmed.

Cited: S. v. Mitchell, 19 N.C. 238.

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Bluebook (online)

9 N.C. 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-niel-nc-1822.

Opinion

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