Speed v. . Harris

Supreme Court of North Carolina

Speed v. . Harris

4 N.C. 317

DecidedJanuary 5, 1816

StatusPublished

This text of 4 N.C. 317 (Speed v. . Harris) 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

Speed v. . Harris, 4 N.C. 317 (N.C. 1816).

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Opinion

The act of 1777 requires that the party appealing shall give bond, etc. In this case the party praying the appeal gave no bond. That given by the plaintiffs (through error, no doubt) cannot be noticed for the purpose of giving the Superior Court cognizance of the suit. The appeal must, therefore, be dismissed for want of such a bond as the act requires from the party praying the appeal. And let a writ of certiorari issue in conformity with the defendant's motion. (318)

NOTE. — See Hood v. Orr, post, 584. *Page 246

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The act of 1777 requires that the party appealing shall give bond, etc. In this case the party praying the appeal gave no bond. That given by the plaintiffs (through error, no doubt) cannot be noticed for the purpose of giving the Superior Court cognizance of the suit. The appeal must, therefore, be dismissed for want of such a bond as the act requires from the party praying the appeal. And let a writ of certiorari issue in conformity with the defendant's motion. (318)

NOTE. — See Hood v. Orr, post, 584. *Page 246

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Bluebook (online)

4 N.C. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speed-v-harris-nc-1816.