Taylor v. . Simmons

Supreme Court of North Carolina

Taylor v. . Simmons

20 S.E. 961, 116 N.C. 70

Supreme Court of North Carolina·Decided February 5, 1895·Published·Cited by 4 cases

Opinion

Clark, J.:

At tbe last Term of this Court, being the first Term of this Court after the trial below, the appellant docketed the record proper and applied for a certiorari as the case had not been settled by the Judge. Pittman v. Kimberly, 92 N. C., 562. By consent the motion was continued to this term. It appears that the ease and counter-case were served in time and that the appellant immediately applied to the Judge to settle the case. The appellant' would be entitled to his certiorari, but as the trial Judge (His Honor Judge Graves) has since died, the Court must order a new trial. State v. Parks, 107 N. C., 821.

New Trial.

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Clark, J.:

At tbe last Term of this Court, being the first Term of this Court after the trial below, the appellant docketed the record proper and applied for a certiorari as the case had not been settled by the Judge. Pittman v. Kimberly, 92 N. C., 562. By consent the motion was continued to this term. It appears that the ease and counter-case were served in time and that the appellant immediately applied to the Judge to settle the case. The appellant' would be entitled to his certiorari, but as the trial Judge (His Honor Judge Graves) has since died, the Court must order a new trial. State v. Parks, 107 N. C., 821.

New Trial.

Taylor v. . Simmons, 20 S.E. 961, 116 N.C. 70 (N.C. 1895).

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Opinion

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