82 N.C. 2
Supreme Court of North Carolina
Decided January 5, 1880
Supreme Court of North Carolina · decided 1880-01-05
Motion to dismiss an Appeal heard at January Term, 1880, of The Supreme Court. At February term, 1879, of the superior court of Wake county, a judgment was rendered (by Eure, J., presiding) in behalf of the defendants in a civil action then depending, wherein Hilliard J. Smith is plaintiff, and James J. Lyon, Wiley Lyon and William Jackson, administrator of Lewis Jackson deceased, are defendants.
Cited by 1 later decisions — most recently May 1899
Good law ✅— No negative treatment on recordhow we know
Decided 1880-01-05
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¶1 The law requires that appeals to the supreme •court shall betaken to the next term after the appeal is prayed for and granted in the court below. The appeal in this case should have been taken to June term, 1879, of this court and the transcript then filed, but as the plaintiff has failed to do so, he has lost his appeal. State v. Hawkins, 72 N. C., 180. The motion is sustained and the appeal dismissed. Let this be certified to the-superior court of Wake.
¶2 ■Per Curiam. -Appeal dismissed.