Triplett v. . Foster
Cases that cite this one
9 later published cases cite this decision.
- William v. . Montague (N.C. 1897)
- McLean v. . McDonald (N.C. 1918)
- County Board of Education v. County of Wake (N.C. 1914)
- Benedict v. Jones. (N.C. 1902)
- Armour Packing Co. v. Williams (N.C. 1898)
- Rothchild v. . McNichol (N.C. 1897)
- Speller v. . Speller (N.C. 1896)
- Haynes v. . Coward (N.C. 1895)
- Paine v. . Cureton (N.C. 1894)
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 to docket and dismiss under Rule 17. This motion was not made at the close of the call of the docket of the district to which it belongs, but since. *390 And now, during the same term, being the first term of this Court after the trial below, the appellant has brought up the transcript of the appeal and docketed the same. This brings the case directly under Bryan v. Moving, 99 N. C., 16, as explained in Bailey v. Brown, 105 N. C., 127, on p. 130.
If, notwithstanding his failure to docket in time for argument at this term, the appellant thus obtains a delay of six months, the appellee himself has been negligent in not moving to docket and dismiss at the close of the call of causes from that district, as he might have done. Vigilant-ibus, non dormientibus leges subveniunt.
Motion Denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.