# Rothchild v. . McNichol

> Supreme Court of North Carolina · September 5, 1897 · 121 N.C. 284

URL: https://www.frixlaw.com/law-library/cases/3646258

## Case

- **Full name:** R. Rothchild v. A. McNichol.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 5, 1897
- **Citations:** 121 N.C. 284; 28 S.E. 364
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3646258

## Opinion text

Per Curiam:
The motion for the writ of
certiorari
must be denied. The petition is not verified as required by Rule 42, nor is the transcript of the record proper filed, nor good reason given for the failure to do so.
Burrell
v.
Hughes,
120 N. C., 277 , and cases cited;
Brown
v.
House,
119 N. C., 622 ;
Parker
v.
Railroad,
at this term. Indeed no excuse is shown why the transcript of the whole record, including the case on
*285
appeal, is not filed. The motion for
certiorari
must be denied, yet, as no motion to dismiss has been made, it can still be docketed at any time this Term, if before such, motion is made.
Smith
v.
Montague,
at this term;
Triplett
v.
Foster,
113 N. C., 389 . Indeed, if the cause was tried below since this Term began, it can be docketed regularly at next Term.
Motion denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3646258. Public record. Not legal advice.