{
  "id": 11275280,
  "name": "Smith and Stanly v. Niel and others",
  "name_abbreviation": "Smith v. Niel",
  "decision_date": "1822-06",
  "docket_number": "",
  "first_page": "14",
  "last_page": "15",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hawks 14"
    },
    {
      "type": "official",
      "cite": "9 N.C. 14"
    }
  ],
  "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": 112,
    "char_count": 1271,
    "ocr_confidence": 0.345,
    "pagerank": {
      "raw": 2.3728075846420702e-07,
      "percentile": 0.7958911890229894
    },
    "sha256": "69a6fe58e1dab99179972a146335082b935e8a7913662b202ec386d7b8087e53",
    "simhash": "1:85a680d12f2edd10",
    "word_count": 237
  },
  "last_updated": "2023-07-14T21:20:49.892283+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Smith and Stanly v. Niel and others."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe appeal was taken up to March term, 1820, of Bertie Superior Court, at which time it was continued. At t!ie subsequent term, commissions were moved for by Wood, and the cause was continued. At March term, i 821, the Jury was impanncllcd, and from the judgment then rendered, the first appeal was brought to this Court, where it was decided at Juste term, 1821. It was not, until March term, i 822, that a motion was made in the Superior Court of Bertie to dismiss the appeal. This must be considered as an implied waiver of any defect in the appeal bond, according to the case of Fsrgusm v. McCarter, (JO*. C. Term \u00dcep. iOf,.)",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Smith and Stanly v. Niel and others.\nFrom Bertie.\n\u00edf the appellee in the Superior Court suffers the cause to go to the Jury, it is an implied waiver of any objection arising from the defectiveness of the appeal bond.\nThis case came a second time before this Court on a motion by Wood, one of the Defendants, to dismiss the appeal on the ground of a formal defect in the appeal bond. The cause had once been submitted to a Jury. At March term, 1822, the Sup\u00e9rior Court of Bertie sustained the appeal and overruled the motion to dismiss, and Wood appealed. The facts appear in the opinion of the Court.\nVide ante Vol. 1, page 341."
  },
  "file_name": "0014-01",
  "first_page_order": 16,
  "last_page_order": 17
}
