{
  "id": 11275664,
  "name": "Davis v. Marshall and Russell",
  "name_abbreviation": "Davis v. Marshall",
  "decision_date": "1822-06",
  "docket_number": "",
  "first_page": "59",
  "last_page": "60",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hawks 59"
    },
    {
      "type": "official",
      "cite": "9 N.C. 59"
    }
  ],
  "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": {
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    "ocr_confidence": 0.256,
    "pagerank": {
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    "sha256": "07f21076e893379b4260a7fa440e9ef8a131b6c3e12ae2a2b4894944d4a60714",
    "simhash": "1:2c7ca4a0512e808d",
    "word_count": 544
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  "last_updated": "2023-07-14T21:20:49.892283+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Davis v. Marshall and Russell."
    ],
    "opinions": [
      {
        "text": "Hall, Judge,\ndelivered the opinion of the Court.\nIt seems that the Appellant made no effort, cither to bring up the appeal himself, or cause it to he done by any other person. He depended upon the Clerk of the County Court, he says, to bring it up, because (as the Clerk admits) he had been in the habit of bringing up all appeals taken from the County Court, but omitted, through forgetfulness, to bring up this one. Other instances of forgetfulness like this, to which the human character is liable, particularly as a good deal might be depending upon it, should have taught the Appellant the necessity of attending to the business himself. In cases of such negligence, this Court cannot interfere, and however much it may regret it, it must say that the writ of certiora\u00f1 cannot be granted.",
        "type": "majority",
        "author": "Hall, Judge,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Davis v. Marshall and Russell.\nFrom Warren.\n1lh.cn n. p.'Jilj\u2019 appc-Hnni', tle'icnJc/l upon f'c Clerk of Hie county Ooixi\"'. \u201ci 1:> acted as \u25a0\u25a0 \u25a0 c-\u00bfjxi\u00edy Clerk e\" ice !'u; erar Coi N, to Miiif np an sippcid, ami the Cleik o\u00ed' the County \u00cd \u2019mo! a as la tise liabit of ittlng\u2019hi.y up aU appeals and Lad, fcj\u2019ineily, b\u00ed<i;ig'!ri up one fot' the: present anrol'ant, but on thip oc-c: \u25a0 en oniibed it, \u00a1.trough forgetful ness, it vas held, that the iK-ifilgcnee of the appellant, was such, that lie was not entitled to a certiorari.\nA judgjiieiit having; been \u00a9bivjiwd pgsmsat the Defend ant, Marshal!, in the cotfey Oocri of Tfeivea, a %vii o\u00ed ca. sa. issue's! thereon, a*ad B'ir,Mrasim:'! gave bond purweMit to the provisions of the Mu\u00ed: far fee i-cafei of honest ddsfe'-sfe its which the ISrfutid,\u00abit, Ifesse\u00ed.\u2019., bcoarae surety. This bond was rfennued is 'Ccnsfe and, m the ab\u00bb Share of Tare!\" fe!, a fed ynerfe a an wwfeened Mraiusi Russo! 5, who, on a SMbse.pioife, ifey of (S'a ter is moved to set aside the judyurtoni, an.\u00ed \u00cdhat Sac Einwyhi: be permit\u00ed\u00bb:? to surrender Marshall, in dfeefesige of Itknsellf, The County Const; refused to :~y*-int sise motion, ami \u00fctassd! \u25a0appealed!. At list', succeeding ierm of the oEpoirkn;, Court of Warren, as the transcript of the record had not boon filed with the Cleric of that Court, \u00edfessd\u00fc prayed the presiding Judge, for a writ of certiorari,, and \u00edHed ar, affidavit, stating the foregoing facts, \u00bb\u00abd aico, that he !md believed the Clerk of the County Court wouM bring up the transcript, particuiarlj, as lie had so done for the afiiaut, on a former occasion. Ke read, dso, the aiSikw vit of tho Clerk of Use County Cowl, stating that lie acted as Clerk of the County Court., and Deputy Gierk of the Superior Court, that it was Mo usual practice,, on. appeals from the Court below, to prepare the tr&UGcript and file ii; himself, in the office of tho Superior Coart, \u2022without w ailing for aa application to do so by the appellants | that on a former occasion he had doae so, for the Defendant, Marshall, and was prevented, by hurry and oversight, from pursuing a similar course on this occasion.\nrpjie prcsi(]jrig Judge refused to grant the writ of certi-orari, and the Defendant appealed."
  },
  "file_name": "0059-01",
  "first_page_order": 61,
  "last_page_order": 62
}