refused to dismiss the appeal: saying they had nothing before them, and that there was no remedy in case the appeal was not brought up, but to sue the appeal bond.
Watson v. Wright, 1 N.C. 21, 1 Mart. 21 (1789)
Nov. 1789
·
North Carolina Superior Court
1 N.C. 21, 1 Mart. 21
Edenton,
November Term, 1789.
WATSON versus WRIGHT.
APPEAL. On a writ of error and an appeal on the same cause by Watson, it appeared that Wright, had recovered versus Watson in the county court, and Watson appealed to May term, 1789 did not file the papers. He afterwards gave notice that he intended to move for a writ of error, at November Term, in the same case: and at November Term, Iredell moved for a writ of error, assigned errors, and filed a transcript of the records which had here *22taken in the appeal. Alfred Moore, Att. Gen. moved to dismiss the appeal, and to have the 12½ per cent. urging that the cause was not before the County Court: being removed by the appeal therefore a writ of error could not regularly go.