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CASE NO.:00-6105
IN THE ARTICLE III
one supreme Court for the united States of America
Albert Coombs and Paul Burge
Petitioners
vs.
SPRINT COMMUNICATIONS COMPANY LP, and
AT&T, COMMUNICATIONS of THE SOUTHERN STATES, INC.
ON PETITION FOR WRIT OF CERTIORARI
TO THE
SUPREME COURT OF THE
STATE OF NORTH CAROLINA
RESPONSE TO RESPONDENTS OBJECTION OF CERTIORARI
Albert Coombs, Sui Juris Paul Burge, Sui Juris
(Petitioner of record) (Intervener Petitioner)
7055 Mountain Road c/o General Delivery
Oxford, North Carolina Pittsboro Post Office
(919-693-8890) Pittsboro, North Carolina
(919-545-0663)
Petitioners Object to the Respondents being allowed to make any response brief
for the following reason.
The Appellees have never appeared nor responded to the Record on Appeal
nor to the Appellant/s Brief appropriately noticed and "served" upon respondents/s,
and subsequently filed in the N.C. Supreme Court on December 15, 1999. Therefore
they have not complied with the Rules of Appellate Procedure and have "forfeited"
any STANDING that they otherwise may have had to voice any objection now before
the one supreme Court.
The maxims of law are self explanatory on this and were expounded on in
the Lower State Court that being;
1. "Nihil Dicit. He says nothing. The name of the judgement which may be taken
as of course against a defendant who omits to plead or answer the plaintiffs
declaration or complaint within the time limited. In some jurisdictions it is
otherwise known as judgement `for want of plea.'" Black's Law 5Th, page 942
2. "Nihil Dicit Judgement. Judgement entered against defendant, in proceeding
in which he is in court but has not filed an answer, is a "nil dicit judgement";
all error of pleading being waived, court examines petition only to determine
if it attempts to state a cause of action within the court's jurisdiction."
Cite omitted Black's Law 5Th, page 943
This is what Petitioners demanded of Right and filed in the Lower State
Court when Respondents never appeared in that Court to defend and the Court
never reviewed or deliberated
except to deny Petitioners Pleadings. This shows that even the State's highest
court denied us substantive Due Process or any "meaningful" hearing or lawful
remedy.
For this court to allow any appearance by Respondents would be a violation
of the United States Rules of Appellate Procedure as well as an act of prejudice
to Plaintiff/s; since this would be tantamount to allowing the Respondents to
"pick and choose" THEIR battlefield while depriving the Petitioner/s their right
to a "record" in the lower Court. If the Respondent/s refuse to "play by the
Rules"; they should not NOW be rewarded for their contemptuous conduct when
the record below has not one shred of responsive pleading or appearance that
the
Respondent phone companies took this case and its issues seriously at the courts
below!
If this Court were to NOW change the Rules "just" for these Respondent/s
while the Petitioner/s have abided by every manner of 'adversary process" would
be prime facia proof that THEIR ARE NO RULES in effect but instead we are operating
under the Rules of Conquest whereby every court in this country has forsaken
the protections afforded Petitioners by Civil process and in reality the constitution
is being operating under the war powers and the RULES of NECESSITY!
Date: Respectfully presented,
Albert Coombs

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