Campbell v. . Allison and Others
Cases that cite this one
4 later published cases cite this decision.
- Oestreicher v. American National Stores, Inc. (N.C. 1976)
- Veazey v. City of Durham (N.C. 1950)
- Brantley v. . Jordan (N.C. 1884)
- Wilson v. . Seagle (N.C. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a motion by an appellee to dismiss the *569 appeal for want of notice. Section 301 C. 0. P., requires a inotice of the appeal to be given: the manner of serving notices as prescribed elsewhere in the Code. The judge below has .nothing to do with the granting of an appeal; it is the act of the appellant alone. On his docketing his appeal and giving the required undertakings, it is the duty of the Clerk to send ■it up. Hence there is no presumption of regularity, such as would exist in the case of a judgment rendered by a Judge; ■nor can notice be presumed merely because the appeal was taken during a term of the Court. See General Rule adopted at this term. The motion is allowed, and the appeal is dismissed with costs.
Per Curiam. Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.