¶1The appeal was taken up to March term, 1820, of Bertie Superior Court, at which time it was continued. At t!ie subsequent term, commissions were moved for by Wood, and the cause was continued. At March term, i 821, the Jury was impanncllcd, and from the judgment then rendered, the first appeal was brought to this Court, where it was decided at Juste term, 1821. It was not, until March term, i 822, that a motion was made in the Superior Court of Bertie to dismiss the appeal. This must be considered as an implied waiver of any defect in the appeal bond, according to the case of Fsrgusm v. McCarter, (JO*. C. Term Üep. iOf,.)
9 N.C. 14
Smith v. Niel
Supreme Court of North Carolina
Decided June 15, 1822
Supreme Court of North Carolina · decided 1822-06-15
From Bertie. This case came a second time before this Court* on a motion by Wood, one of the Defendants, to dismiss the appeal on the ground of a formal defect in the appeal bond. The cause had once been submitted to a Jury. At March term, 1822, the Supérior Court of Bertie sustained the appeal and overruled the motion to dismiss, and Wood appealed. The facts appear in the opinion of the Court.
Decided 1822-06-15