{
  "id": 8657115,
  "name": "ALLEN DAWKINS v. BOSS PHILLIPS and WILL WATKINS",
  "name_abbreviation": "Dawkins v. Phillips",
  "decision_date": "1923-04-11",
  "docket_number": "",
  "first_page": "608",
  "last_page": "609",
  "citations": [
    {
      "type": "official",
      "cite": "185 N.C. 608"
    }
  ],
  "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": 127,
    "char_count": 1831,
    "ocr_confidence": 0.443,
    "pagerank": {
      "raw": 1.5522964274278852e-07,
      "percentile": 0.6753295269338097
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    "sha256": "595747780c94269e2d4508abf7473abf588a0479f830640bbaf39eb53d83a603",
    "simhash": "1:0356b1cd2fe64ff3",
    "word_count": 314
  },
  "last_updated": "2023-07-14T20:46:28.944101+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ALLEN DAWKINS v. BOSS PHILLIPS and WILL WATKINS."
    ],
    "opinions": [
      {
        "text": "Pee CuexaM.\nC. S., 1444, provides that at criminal terms of tbe court \u201cmotions for civil action may be beard upon due notice, and trials in civil actions may be beard by consent of tbe parties.\u201d The order to dismiss was made at a special criminal term, and without notice being given of such motion. This being a civil action, tbe judgment of dismissal must be\nReversed.",
        "type": "majority",
        "author": "Pee CuexaM."
      }
    ],
    "attorneys": [
      "Moses Shapiro for plaintiff.",
      "J ohn G. Wallace for Will Watkins."
    ],
    "corrections": "",
    "head_matter": "ALLEN DAWKINS v. BOSS PHILLIPS and WILL WATKINS.\n(Filed 11 April, 1923.)\nCourts \u2014 Criminal Terms \u2014 Motions in Civil Actions \u2014 Notice\u2014Dismissal\u2014 Statutes.\nIt is required by the provisions' of our statute, C. S., 1444, that due notice be given of motions in civil actions to be heard at a criminal term of court, and where the movant has failed to give the statutory notice of his motion, and the Superior Court judge has ordered a dismissal of the action, the judgment will be reversed, on appeal.\nAppeal by defendant Will Watkins from Broclc, J., at December Special Term of Foesyth.\nThis action was tried before Starbuch, J., and a jury, in Forsyth County Court at May Term, 1922, to recover damages for personal injuries due to tbe negligence of Phillips in driving an automobile belonging to tbe defendant Watkins, and plaintiff obtained judgment. Tbe defendant Watkins appealed to tbe Superior Court at November Term, 1922, of Forsyth, and tbe plaintiff moved to dismiss tbe appeal of tbe defendant Watkins, for that be bad failed to file tbe undertaking required by law. Tbe motion was continued to December Term, 1922, which was a one-week criminal term. Tbe motion was not beard at that term, but was continued and beard before Brock, J., at tbe December Special Term, which was ordered for criminal cases only, at which term tbe motion to dismiss was allowed, and tbe defendant appealed.\nMoses Shapiro for plaintiff.\nJ ohn G. Wallace for Will Watkins."
  },
  "file_name": "0608-01",
  "first_page_order": 674,
  "last_page_order": 675
}