{
  "id": 8652880,
  "name": "BOYKIN, CARMER & CO. v. JOHN C. WRIGHT",
  "name_abbreviation": "Boykin v. Wright",
  "decision_date": "1893-09",
  "docket_number": "",
  "first_page": "283",
  "last_page": "283",
  "citations": [
    {
      "type": "official",
      "cite": "113 N.C. 283"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 105,
    "char_count": 1433,
    "ocr_confidence": 0.537,
    "sha256": "8864177d93d6fe649896594cc445d085172992e85198e008cec86fe8856944a5",
    "simhash": "1:1028a6ecb82fb57f",
    "word_count": 234
  },
  "last_updated": "2023-07-14T19:27:11.999452+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "BOYKIN, CARMER & CO. v. JOHN C. WRIGHT."
    ],
    "opinions": [
      {
        "text": "Burwell, J.:\nThe judgment was rendered at February Term, 1892, of the Superior Court. The appeal was docketed in this Court March 13,1893. It appears in the record that the appellee agreed that the appellant might have \u201cthirty days to perfect appeal.\u201d Upon \u201cthe case\u201d is this endorsement \u2014 \u201cService accepted December 31, 1892\u201d \u2014 and this is signed by counsel who represented plaintiffs in the Court below.\nWe do not think this endorsement, standing alone, constitutes in any degree a waiver of the appellee\u2019s right to insist that the appeal shall be dismissed because not docketed here within the prescribed time. His motion to dismiss must be allowed. Appeal Dismissed.",
        "type": "majority",
        "author": "Burwell, J.:"
      }
    ],
    "attorneys": [
      "Mr. W. R. Allen, for plaintiffs.",
      "Mr. R. 0. Burton, for defendant (appellant)."
    ],
    "corrections": "",
    "head_matter": "BOYKIN, CARMER & CO. v. JOHN C. WRIGHT.\nTime of Docketing Appeal \u2014 Motion to Dismiss \u2014 Accepting Service of Case no Waiver of Right to Dismiss.\nWhere a judgment was rendered in a Superior Court at February Term, 1892, and appellee agreed that appellant might have \u201cthirty days to perfect appeal,\u201d and upon the \u201c case\u201d there was an endorsement as follows \u2014 \u201cService accepted December 31,1892 \u201d \u2014 and the appeal was docketed in March, 1893:' Held, that the endorsement of acceptance of service of the case does not, in itself, constitute a waiver of appellee\u2019s right to have the appeal dismissed because not docketed within the prescribed time.\nThis was a motion to dismiss the appeal.\nMr. W. R. Allen, for plaintiffs.\nMr. R. 0. Burton, for defendant (appellant)."
  },
  "file_name": "0283-01",
  "first_page_order": 311,
  "last_page_order": 311
}