Horton v. Green
| Decision Date | 09 December 1889 |
| Citation | 10 S.E. 470,104 N.C. 400 |
| Court | North Carolina Supreme Court |
| Parties | Horton v. Green. Spoolman v. Wel- born. Graves v. Hodoes. Bernard v. Respass. Younce v. Lewis. Avery v. Pritchard. |
Appeal—Dismissal.
An appeal will be dismissed if 15 copies of the record are not printed, as is required by rule 2, § 11, subsecs. 6, 7, of the supreme court, except in criminal cases and appeals in forma pauperis.
Appeal from superior court, Watauga county.
Motion to dismiss the appeal for failure to print the record as required by the rules.
Batchelor & Devereux, for Horton. T. F. Davidson, for Green.
It appears that the record has not been printed as required by the rules of this court, and the appeal must be dismissed. The constitution (article 1, § 8) provides: " The legislative, executive, and supreme judicial powers of the government ought to be forever separate and distinct from each other." Article 4, § 12, of the constitution, in furtherance of the same idea, provides that the general assembly may regulate by law, when necessary, the methods of proceedings in the exercise of their powers of all the courts below the supreme court, so far as the same may be done without conflict with other provisions of this constitution." To the judgment and experience of this court alone is delegated by the organic law the power of establishing rules to regulate its procedure, and to provide for the dispatch of the business coming before it. Five years since, the press of business, the example of courts of last resort in the other states, and the evident facility it would afford for the more careful consideration and the more speedy reporting of causes coming before it, impelled this court to adopt subsections 6, 7, § 11, rule 2. The part thereof material here provides as follows: ...
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State v. Furmage
...I, Section 8, and Article IV, Section 12, and that the General Assembly has no power to modify the rules so established. Horton v. Green, 104 N.C. 400, 10 S.E. 470; Herndon v. Imperial Fire Insurance Co., 111 N.C. 384, 16 S.E. 465, 18 L.R.A. 547; State v. Johnson, 183 N.C. 730, 110 S.E. 782......
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Better Home Furniture Co. of Winston-Salem v. Baron
...below the Supreme Court, so far as the same may be done without conflict with other provisions of this Constitution.' Horton v. Green, 104 N.C. 400, 10 S.E. 470; Carolina-Tennessee Power Co. v. Hiawassee River Power Co., 175 N.C. 668, 96 S.E. 99; Kornegay v. City of Goldsboro, 180 N.C. 441,......
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In Re Brown Et Al.
...supra; Baker v. Cordon, 86 N. C. 116, 41 Am. Rep. 448; Herndon v. Ins. Co., 111 N. C. 384, 16 S. E. 465, 18 L. R. A. 547; Horton v. Green, 104 N. C. 400, 10 S. E. 470. The power in question is conferred to enable a court to command respect and obedience and it would go far to weaken and, in......
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State v. Council
...if the general assembly could still require the court to file opinions, which it cannot do since the constitution of 1868 (Horton v. Green, 104 N. C. 400, 10 S. E. 470; Herndon v. Insurance Co., 111 N. C. 384, 16 S. E. 465, 18 L. R. A. 547), the same authority has relieved the court of the ......