Rowland Bros. v. R. J. Mitchell & Son
Cases that cite this one
5 later published cases cite this decision.
- Wyatt v. Lynchburg & Durham Railroad (N.C. 1891)
- Jones v. . Hoggard (N.C. 1890)
- State v. . Preston (N.C. 1889)
- Daniel v. . Rogers (N.C. 1886)
- Bethea v. . Byrd (N.C. 1885)
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 before us certified to be “full and accurate,” contains only the judgment rendered in the superior court, reciting that the case comes up on appeal from a justice’s court, the case embodying the exceptions signed by the respective counsel, and the appeal undertaking.
There is no process, nor waiver, nor pleading by -which we can see that the cause was properly constituted in the superior court, nor, except from the case, what was the subject of contention.
We cannot assume jurisdiction upon such a record, and must,, according to the rules for such imperfections, remand the cause. Weil v. Everitt, 83 N. C., 685.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.