Hoke v. . Carter
Supreme Court of North Carolina
Hoke v. . Carter, 34 N.C. 327 (N.C. 1851)
PEARSON, J.
Hoke v. . Carter
Opinion of the Court
We cannot entertain the appeal. The defendants do not except to the judgment. It is just what they asked for — they are not "dissatisfied therewith." How can they appeal?
It is only when both parties except to the judgment as erroneous that both have a ground for appeal, as in the case of Devereux v. Burgwin,
The appeal must be dismissed and the defendants will pay the costs of appeal.
PER CURIAM. Appeal dismissed. *Page 226
(328)
Reference
- Full Case Name
- J. F. Hoke's Executors v. James Carter's Administrators.
- Status
- Published