Roberts v. Greensboro-fayetteville Bus Co
| Decision Date | 06 June 1930 |
| Docket Number | No. 414.,414. |
| Citation | 153 S.E. 398 |
| Court | North Carolina Supreme Court |
| Parties | ROBERTS. v. GREENSBORO-FAYETTEVILLE BUS CO. et al. |
Appeal from Superior Court, Guilford County; McElroy, Judge.
Action by A. P. Roberts against the Greensboro-Fayetteville Bus Company and others. Judgment for plaintiff, and defendants appeal.
Affirmed.
Civil action to recover damages for an alleged wrongful injury caused by a collision between plaintiff's automobile and a bus, owned by the corporate defendant and operated at the time by John Rich, said collision occurring at the intersection of Whittington and South Elm streets in the city of Greensboro on the morning of January 19, 1929.
The case was tried at the January term, 1930, Guilford superior court, which resulted, in a verdict and judgment for the plaintiff, the judgment being signed on January 18, the last day of the term, and from which the defendants gave notice of appeal to the Supreme Court.
By consent, and with the court's approval, the defendants were allowed thirty days within which to prepare and serve statement of case on appeal, and the plaintiff was allowed fifteen days thereafter to file exceptions or counter statement of case.
The defendants served their statement of case on appeal on plaintiff's counsel February 18, 1930, more than thirty days after the adjournment of the term of court at which the case was tried; no counter statement of case was served or exceptions filed by plaintiff; and on February 24, plaintiff lodged a motion before Hon. Clayton Moore, special judge, to strike the defendants' purportedstatement of case on appeal from the file of the papers in the cause. This motion was continued and heard by Hon. P. A. McElroy, before whom the case was tried, who allowed the same March 5, 1930, and ordered that the said purported statement of case on appeal served by the defendants after the time for service thereof had expired be stricken from the files. In the meantime, on March 4, the defendants filed their statement of case on appeal in the clerk's office.
From the order striking said purported statement of case from the files, the defendants duly excepted and appealed.
John W. Hester, of Durham, and T. Glenn Henderson, of Greensboro, for appellants.
Frazier & Frazier and A. J. Moreau, all of Greensboro, for appellee.
STACY, C. J. (after stating the case).
The order striking the defendants' purported statement of case on appeal from the file of the papers in the cause is supported by the...
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Hanks v. Norfolk & Western Ry. Co
...or prejudicial error was committed by the lower court. State v. Gibson, 229 N.C. 497, 50 S.E.2d 520; Roberts v. Greensboro-Fayetteville Bus Co, 198 N.C. 779, 153 S.E. 398; Hare v. Grantham, 158 N.C. 598, 74 S.E. 102; Biggs v. Waters, 112 N.C. 836, 16 S.E. 921. Consequently, the burden devol......
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Little v. Sheets, 751
...on the record proper. We cite a few of such decisions. See Wallace v. Salisbury, 147 N.C. 58, 60 S.E. 713; Roberts v. Greensboro-Fayetteville Bus Co., 198 N.C. 779, 153 S.E. 398; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126; Bell v. Nivens, 225 N.C. 35, 33 S.E.2d 66; Lawrence v. Lawrence, 226......
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Smith v. Smith
...There being no case on appeal, legally settled, does not, however, entitle the appellee to have the appeal dismissed. Roberts v. Bus Co., 198 N. C. 779, 153 S. E. 398; Wallace v. Salisbury, 147 N. C. 58, 60 S. E. 713. But, as no error appears on the face of the record proper, the judgment m......
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State v. Hooker, 721.
...for serving the same had expired, Smith v. Smith, 199 N. C. 463, 154 S. E. 737, though this may have been extended or waived, Roberts v. Bus Co., 198 N. C. 779, ' 153 S. E. 398, and nothing more has been done. State v. Ray, 206 N. C. 736, 175 S. E. 109; Weaver v. Hampton, 206 N. C. 741, 175......