{
  "id": 8691809,
  "name": "CATHARINE G. SHELTON v. SARAH L. SHELTON",
  "name_abbreviation": "Shelton v. Shelton",
  "decision_date": "1884-10",
  "docket_number": "",
  "first_page": "329",
  "last_page": "330",
  "citations": [
    {
      "type": "official",
      "cite": "91 N.C. 329"
    }
  ],
  "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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  "last_updated": "2023-07-14T20:07:30.396726+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CATHARINE G. SHELTON v. SARAH L. SHELTON."
    ],
    "opinions": [
      {
        "text": "Ashe, J.\nJudgment was rendered in the superior court in behalf of the defendant, and the case was brought to this court at October term, 1882, by the appeal of the plaintiff. And at February term, 1883, a petition .for a writ of certio-rari was filed by the appellant, based upon her affidavit, setting forth the grounds of the application. Upon the hearing of the petition at October term, 1883, this court made the following order:\n'\u201cThe facts disclosed in the affidavit of the plaintiff\u2019s counsel, to which no opposing evidence is offered, are, that separate statements of the case on appeal, prepared for the respective parties, were delivered to the judge who tried the cause for his adjustment of the differences between them. He transmitted to the clerk a statement of his own, omitting one or more of the appellant\u2019s exceptions to the rulings which were intended to be brought up for review', without giving notice to the parties or affording them an opportunity of being heard before his final action. The retirement of the judge from office prevents the perfecting the appeal in the mode prescribed by \u2019the statute, and would, in the absence of any case, render unavoidable the award of a new trial. This necessity may be avoided by the appellee\u2019s assent to the filing of the appellant\u2019s case, as part of the record, and the appeal then heard upon it. AVe therefore grant the application for the writ of certiorari, to the end that an opportunity may be afforded to the parties to file the appellant\u2019s case, without addition or change, to come with the record, in response to the requirements of the writ, and this can only be with the assent of the appellee. Let the writ issue as prayed for on the terms prescribed by law.\u201d .\nThe writ of certiorari was accordingly issued to the clerk of the superior court of Cherokee county, who at the February term of this court, made return of said writ, as follows :\n\u201c Catharine G. Shelton v. Sarah L. Shelton\n\u201c In obedience to an order issued from the supreme court of North Carolina in the above entitled cause, I have notified the parties in said cause, and the defendant objected to any amendment or change of the record, as the transcript heretofore sent up to the supreme court is a true and complete record of said cause as appears of record in this office. February\u2019\u2019 18th, 1884.\u201d (Signed by the clerk).\nAs the defendant has declined to accept the terms offered in the order granting the writ of certiorari, a new trial is awarded. This must therefore be certified to the superior court of Cherokee county, that a new trial may be had.\nVenire de novo.",
        "type": "majority",
        "author": "Ashe, J."
      }
    ],
    "attorneys": [
      "Mr. Armistead Jones, for plaintiff.",
      "No counsel for defendant."
    ],
    "corrections": "",
    "head_matter": "CATHARINE G. SHELTON v. SARAH L. SHELTON.\nNew trial where judge goes out of office.\nThe ruling in same case 89 N. C., 18a, approved, to the effect that where a judge goes out of office before settling a ease on appeal, a new trial will be awarded unless the parties afterwards agree upon a statement of the case.\nEjectmeNT tried at Spring Term, 1882, of Cherokee Superior Court, before Gilliam, J.\nMr. Armistead Jones, for plaintiff.\nNo counsel for defendant.\nMr. Justice Herrimon having been of counsel did not sit on the hearing of this case."
  },
  "file_name": "0329-01",
  "first_page_order": 343,
  "last_page_order": 344
}