19 S.E. 145 | N.C. | 1894
Let it be conceded that the agreement to extend time to serve case and countercase on appeal applied only if the judgment had been rendered in vacation. The appellants' case on appeal was served on appellee's counsel on 10 June, 1893, within the regulation ten days after adjournment of the term at which the judgment was rendered. On 12 June, 1893, the said statement of case with appellee's exceptions thereto, with copies and fees, was mailed by appellees' counsel to the sheriff of Northampton County, in which appellants' counsel resided, in a registered letter addressed to said sheriff at the county seat. This was the official residence of the sheriff, and in due course of mail he should have received the letter in ample time to have served the papers personally on appellants' counsel or by leaving the same (116) at his office or residence (The Code, sec. 597 (1); S. v. Price,
Remanded.
Cited: McDaniel v. Scurlock,