Hunter v. . Kirk

Kirk sued out a writ against Hunter, the plaintiff, returnable to August Term, 1824, of Mecklenburg County Court. The sheriff returned this writ "Executed," and a judgment by default was taken. At the next term thereafter a writ of inquiry was executed, and the jury assessed plaintiff's damages at $81 and costs. An execution was issued thereon, and was returned satisfied.

On 30 March, 1826, Hunter sued out a writ of certiorari to Mecklenburg Superior Court, and when the cause came on to be heard before Daniel, J., the affidavit of Hunter was read, stating that the writ (278) never was served…