{
  "id": 8659658,
  "name": "W. D. McMILLAN v. H. J. McMILLAN et al.",
  "name_abbreviation": "McMillan v. McMillan",
  "decision_date": "1898-03-29",
  "docket_number": "",
  "first_page": "410",
  "last_page": "410",
  "citations": [
    {
      "type": "official",
      "cite": "122 N.C. 410"
    }
  ],
  "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": [
    {
      "cite": "121 N. C., 283",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652962
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/121/0283-01"
      ]
    },
    {
      "cite": "120 N. C., 217",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "sha256": "9eef9eb3ac57f688f459f3abe90e49f8828feb30c29813b9e718d65c64f35afb",
    "simhash": "1:2f65d01449b85acb",
    "word_count": 285
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  "last_updated": "2023-07-14T18:06:10.161321+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. D. McMILLAN v. H. J. McMILLAN et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam:\nThe appellant dockets a certificate from the clerk stating the names of the parties to the case, and that a judgment and an appeal had been taken therein, and that the transcript of the record proper could not be sent up because the Judge had the original papers to settle the \u201c case on appeal,\u201d and had not sent them back, nor any \u2018 \u2018 case settled. \u201d The appellant files his affidavit negativing laches and averring merits in his appeal. He is entitled to the certiorari asked for. Of course, if the original papers were in the clerk\u2019s office below, he should have docketed a transcript of the record proper and have moved upon that for a certiorari for the case on appeal. Burrell v. Hughes, 120 N. C., 217; Critz v. Sparger, 121 N. C., 283. The appellant has docketed all he could get, and is in no laches.\nMotion allowed.",
        "type": "majority",
        "author": "Per Curiam:"
      }
    ],
    "attorneys": [
      "Messrs. Ricaud & Bryan for plaintiff.",
      "Mr. John D. Bellamy for defendants (appellants)."
    ],
    "corrections": "",
    "head_matter": "W. D. McMILLAN v. H. J. McMILLAN et al.\n(Decided March 29, 1898.)\nCertiorari \u2014 Appeal.\nAil appellant is entitled to a certiorari upon docketing a certificate from the clerk of the Superior Court stating the names of the parties, that a judgment was rendered and an appeal taken, and that the transcript of the record proper was not sent up because the judge had the original papers to settle the case on appeal, such certificate being accompanied by appellant\u2019s affidavit negativing laches.\nCivil action tried before Robinson, J., at Term of Pender. Superior Court. From a judgment for the plaintiff the defendants appealed, and in this Court moved for a writ of certiorari to bring up the record and case on appeal.\nMessrs. Ricaud & Bryan for plaintiff.\nMr. John D. Bellamy for defendants (appellants)."
  },
  "file_name": "0410-01",
  "first_page_order": 442,
  "last_page_order": 442
}