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9 N.C. 59

Davis v. . Marshall

Supreme Court of North Carolina

Decided June 5, 1822

Supreme Court of North Carolina · decided 1822-06-05

From Warren. A judgjiieiit having; been ©bivjiwd pgsmsat the Defend ant, Marshal!, in the cotfey Oocri of Tfeivea, a %vii oí ca. sa. issue's! thereon, a*ad B'ir,Mrasim:'! gave bond purweMit to the provisions of the Muí: far fee i-cafei of honest ddsfe'-sfe its which the ISrfutid,«it, Ifesseí.’., bcoarae surety.

Good law ✅— No negative treatment on recordhow we know

Decided 1822-06-05

How this case has been cited

Cited by 4 later decisions — most recently January 1874

4 state decisions

20182218301840185018601870decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hall, Judge,

¶1 delivered the opinion of the Court.

¶2 It seems that the Appellant made no effort, cither to bring up the appeal himself, or cause it to he done by any other person. He depended upon the Clerk of the County Court, he says, to bring it up, because (as the Clerk admits) he had been in the habit of bringing up all appeals taken from the County Court, but omitted, through forgetfulness, to bring up this one. Other instances of forgetfulness like this, to which the human character is liable, particularly as a good deal might be depending upon it, should have taught the Appellant the necessity of attending to the business himself. In cases of such negligence, this Court cannot interfere, and however much it may regret it, it must say that the writ of certiorañ cannot be granted.

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