Simonton v. . Simonton
Cases that cite this one
8 later published cases cite this decision.
- Larkey Lumber & Wrecking Co. v. Byrnes (Tenn. 1944)
- Hoke v. Atlantic Greyhound Corp. (N.C. 1947)
- Simmons v. . Andrews (N.C. 1890)
- Bass v. Swingley (Kan. 1889)
- Board of Commissioners v. Old Dominion Steamship Co. (N.C. 1887)
- Nichols v. . Dunning (N.C. 1884)
- Sanders v. . Norris (N.C. 1880)
- Adams v. . Reeves (N.C. 1876)
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
The transcript of the record in this appeal was filed, at January term, 1878, containing no concise statement of the case as prescribed in the Code, § 801. It appears by affidavit that the counsel of the parties were unable to agree upon a case and sent their respective statements to the judge, who presided at the trial, to settle it. This has not been done as appears from the return to the writ of certiorari issued by order of the court, and the judge has gone out of office. If this omission were the fault of the appellant, his appeal would be dismissed. Adams v. Reeves, 74 N. C., 106. But as it is not, in accordance with the practice in this court a new trial must be awarded. Mason v. *8 Osgood, 72 N. C., 120; Isler v. Haddock, ibid, 119. And it is so ordered.
Pee, Curiam. Order accordingly
Case-law data current through December 31, 2025. Source: CourtListener bulk data.