{
  "id": 11278819,
  "name": "STATE v. E. W. GAYLORD and another",
  "name_abbreviation": "State v. Gaylord",
  "decision_date": "1881-10",
  "docket_number": "",
  "first_page": "551",
  "last_page": "552",
  "citations": [
    {
      "type": "official",
      "cite": "85 N.C. 551"
    }
  ],
  "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": "71 N. C., 204",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11277407
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/71/0204-01"
      ]
    },
    {
      "cite": "71 N. C., 204",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11277407
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/71/0204-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 163,
    "char_count": 2502,
    "ocr_confidence": 0.462,
    "pagerank": {
      "raw": 9.662170294177528e-08,
      "percentile": 0.5285151759813024
    },
    "sha256": "a575694a461f0efc5a1957c7cf5370521b4506f1d53a595b8c7f8eccb5091c06",
    "simhash": "1:b6862f519b140860",
    "word_count": 454
  },
  "last_updated": "2023-07-14T15:20:18.719028+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. E. W. GAYLORD and another."
    ],
    "opinions": [
      {
        "text": "Ruffin, J.\nOn the calling of this ease, the Attorney General moves the court to dismiss the appeal; and his motion must be allowed.\nIn looking to the papers we find that the transcript sent up contains only-a copy of the indictment against the defendants found at fall term, 1878, of Beaufort superior court, and of an order made at spring term, 1881, to the effect that whereas \u201c no statement of the case of appeal is on file in the case, and the solicitor moving to dismiss the appeal of the defendants, it is ordered that the clerk of the court transmit to the supreme court a full and complete transcript of the record in the case.\u201d\nThere is no record of any trial, verdict or judgment; no errors assigned or statement of the case for appeal; and no appeal bond, or order dispensing with one.\nTo have the effect of vacating or suspending the judgment of the court, an appeal must not only be prayed for, but perfected during the term \u2014 whether by giving bond for the costs or procuring an order dispensing with such security. State v. Dixon, 71 N. C., 204.\nIf there has been a trial and judgment in the case and appeal prayed, the court rendering the judgment should have seen that the appeal was perfected during the term or else its sentence executed; and if for any reason this was not done, it was the duty of the court at the succeeding term, or as soon as informed of the failure of its officers to execute its sentence, to peremptorily order the same to be done.\nBut as it is impossible for this court to know the true condition of the case, it is ordered that it be remanded to the superior court of Beaufort county, to the end that the same may he proceeded with according to law, and that the state recover of the defendants the costs of this court.\nError. Remanded.",
        "type": "majority",
        "author": "Ruffin, J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "No counsel for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. E. W. GAYLORD and another.\nPractice \u2014 Appeal.\n1. To liave the effect of vacating or suspending a judgment in a criminal action, an appeal must be perfected during the term \u2014 whether by giving bond for the costs or procuring an order dispensing with such security.\n2. An appeal will .be dismissed on motion when, in the transcript sent up, there is no record of any trial, verdict or judgment, no errors assigned, or statement of the ease for appeal, and no appeal bond-or order dispensing with one.\n<State v. Dixon, 71 N. C., 204, eited and approved.)\nIndictment for a misdemeanor, heard at Pall Term, 1881, of Beaufort Superior Court, before Gilmer, X\nAttorney General, for the State.\nNo counsel for defendant."
  },
  "file_name": "0551-01",
  "first_page_order": 563,
  "last_page_order": 564
}