Supreme Court of North Carolina, 1851

Hoke's Ex'rs v. Carter's Adm'rs

Hoke's Ex'rs v. Carter's Adm'rs
Supreme Court of North Carolina · Decided August 15, 1851 · Pearson
34 N.C. 327

Hoke's Ex'rs v. Carter's Adm'rs

Opinion of the Court

Pearson, J.

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 tor appeal, as in the case of Devereux v Burgwin. The defendant excepted, because of error in not giving judgment in his favor; and the defendant excepted, because of error, in that he was not allowed interest upon the $1,000, for which he had judgment.

The appeal must be dismissed, arid the defendants will-pay the costs of appeal.

Per. Curiam. Judgment accordingly.

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