¶1 The petitioner bases his application for a writ of certiorari upon the allegation that in the Court below plaintiff’s counsel orally accepted notice of his appeal and extended the time for stating the case. It is conceded that the record in that Court does not show that an appeal was asked at the trial, or that any notice of an appeal was waived or accepted, or that the time for stating the case was extended. The plaintiff’s counsel denies that he made any such agreement. His denial puts an end to the matter, for we cannot undertake to decide between them, but must adhere strictly to the rule of this Court (No. 39) and follow the decisions-heretofore made in like cases, the latest of which is Sondley v. Asheville, 112 N. C., 694. Motion Denied.
113 N.C. 275
18 S.E 70
Leduc v. . Moore
Supreme Court of North Carolina
Decided September 5, 1893
Supreme Court of North Carolina · decided 1893-09-05
. Petition of defendants for writ of certiorari. The case was tried at April Term, 1893, of Franklin Superior Court, before Shvford, J., and a jury, and there are conflicting affidavits of counsel and others as to verbal notice of appeal and agreement of counsel as to extension of time for making statement of case on appeal.
Decided 1893-09-05