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McCanless v. Reynolds

Supreme Court of North Carolina
Feb 1, 1884
90 N.C. 648 (N.C. 1884)

Opinion

(February Term, 1884.)

Appeal.

Appeals will be dismissed if the bond on appeal is not given within the time required by law.

CIVIL ACTION tried at Spring Term, 1878, of DAVIDSON Superior Court, before Buxton, J.

Messrs. Clement, Pinnix, Smith and Fuller Snow, for plaintiff.

Messrs. J. M. McCorkle and Watson Glenn, for defendant.


There was a verdict and judgment in favor of defendant, and the plaintiff appealed. Motion by defendant to dismiss the appeal.


There was a motion in this court to dismiss the appeal upon the ground the plaintiff had not complied with the requirements of the law in perfecting his appeal. The judgment from which the appeal was taken was rendered at spring term, 1878, and no bond was given to secure the costs on appeal until the 6th day of January, 1879, and we find nothing in the record to indicate that there had been any waiver by the defendant. In all such cases it is the uniform rule of this court to dismiss the appeal. Wade v. Newbern, 72 N.C. 408; Sever v. McLaughlin, 82 N.C. 332; Wadsworth v. Carroll, Ib., 333; Royster v. Burwell, ante, 24.

The appeal is dismissed with costs against the appellant.

Appeal dismissed.


Summaries of

McCanless v. Reynolds

Supreme Court of North Carolina
Feb 1, 1884
90 N.C. 648 (N.C. 1884)
Case details for

McCanless v. Reynolds

Case Details

Full title:W. W. McCANLESS v. H. W. REYNOLDS

Court:Supreme Court of North Carolina

Date published: Feb 1, 1884

Citations

90 N.C. 648 (N.C. 1884)

Citing Cases

McCanless v. Reynolds

MERRIMON, J. The appeal in this case was dismissed at the last term ( McCanless v. Reynolds, 90 N.C. 648,)…