(Download) "Bell v. Nivens" by Supreme Court of North Carolina * eBook PDF Kindle ePub Free
eBook details
- Title: Bell v. Nivens
- Author : Supreme Court of North Carolina
- Release Date : January 28, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
A writ of certiorari from this Court is not available to extend the time for preparation and service of statement of case on appeal. Smith v. Smith, 199 N.C. 463, 154 S.E., 737. This is a matter which belongs to the parties and the court below, S. v. Moore, 210 N.C. 686, 188 S.E., 421, subject to the limitation that the extension may not carry the appeal beyond the time it is due here. Pruitt v. Wood, 199 N.C. 788, 156 S.E., 126. It is axiomatic among those engaged in appellate practice that a "statement of case on appeal not served in time" may be disregarded or treated as a nullity. Guano Co. v. Hicks, 120 N.C. 29, 26 S.E., 650. Of course, where a party is disadvantaged by some error or act of the court or its officers, and not by any fault or neglect of his own or his agent, a different situation is presented. Bank v. Miller, 190 N.C. 775, 130 S.E., 616; Winborne v. Byrd, 92 N.C. 7; Johnson v. Andrews, 132 N.C. 376, 43 S.E., 926.
 "Bell v. Nivens" by Supreme Court of North Carolina * eBook PDF Kindle ePub Free){kind=link}