{
  "id": 11276781,
  "name": "W. R. GORDON, Admr., v. T. L. SANDERSON and others",
  "name_abbreviation": "Gordon v. Sanderson",
  "decision_date": "1880-06",
  "docket_number": "",
  "first_page": "1",
  "last_page": "2",
  "citations": [
    {
      "type": "official",
      "cite": "83 N.C. 1"
    }
  ],
  "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": "76 N. C., 204",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8689489
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/76/0204-01"
      ]
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    {
      "cite": "76 N. C., 204",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8689489
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/76/0204-01"
      ]
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  "last_updated": "2023-07-14T20:23:10.009637+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. R. GORDON, Admr., v. T. L. SANDERSON and others."
    ],
    "opinions": [
      {
        "text": "Smith, C. J.\nThe only portion of the record proper in this case, certified and transmitted from the superior court of Pasquotank, is the entry on the docket at fall term, 1878, in these words: \u201c referred to Walter F. Pool to state account by order of court.\u201d The only facts communicated in connection with the defendants\u2019 overruled motion are contained in the statement of the case accompanying the appeal which cannot be received as a substitute for the absence of the record. There is no complaint, no answer, no exception from which it can be seen what is the subject matter of the action, or the pertinency of the rulings presented for review. It seems needless to repeat, that inasmuch as our appellate jurisdiction is derived from that previously acquired in the court from which the cause is removed, the transcript must show the possession of that jurisdiction, and that the cause was then properly constituted, or the appeal will not be entertained.\nThe cause must therefore be remanded, each party paying his own costs, in accordance with the rule acted on in Bradley v. Jones, 76 N. C., 204.\nPer Curiam. Remanded.",
        "type": "majority",
        "author": "Smith, C. J."
      }
    ],
    "attorneys": [
      "Messrs. Gilliam & Gatling, for plaintiff.",
      "Mr. C. W. Grandy, for defendants. ."
    ],
    "corrections": "",
    "head_matter": "W. R. GORDON, Admr., v. T. L. SANDERSON and others.\nAppeal \u2014 Requisites of Transcript.\nThe appellate jurisdiction of this court being derived from that previously acquired in the court from which the cause is removed, no appeal will he entertained here, unless the transcript sent up shows the possession of that jurisdiction and that the cause was properly constituted! in the court below.\n(Bradley v. Jones, 76 N. C., 204, cited and approved.)\nCivil Action, tried at Spring Term, 1880, of Pasquo-tank Superior Court, before Graves, J.'\nThe case was remanded for the reason set out in the-opinion of this court.\nMessrs. Gilliam & Gatling, for plaintiff.\nMr. C. W. Grandy, for defendants. ."
  },
  "file_name": "0001-01",
  "first_page_order": 23,
  "last_page_order": 24
}