Graves v. . Hines
Supreme Court of North Carolina
This was an APPLICATION to the Superior Court of Sujrey County by the plaintiff, administrator of A. Hines, deceased, to sell real property of the decedent to make assets to pay deb’s, and heard on appeal from an order of the Clerk, granting license to sell, &c., before Gilmer, J., at November Term, 1889, of said Court.
Read the full summary
This was an APPLICATION to the Superior Court of Sujrey County by the plaintiff, administrator of A. Hines, deceased, to sell real property of the decedent to make assets to pay deb’s, and heard on appeal from an order of the Clerk, granting license to sell, &c., before Gilmer, J., at November Term, 1889, of said Court. There was a judgment for the plaintiff, and the defendants appealed to this Court, but failed to perfect their appeal within the time limited by law, and this is an application for a writ of certiorari as a substitute therefor. Affidavits of counsel on both sides are filed,…
1Opinion of the Court
Davis, J.:
This Court has often held that where there are controverted facts between counsel in regard to oral agreements or understandings by which there is an alleged waiver of legal rights, it will not pass upon the conflicting affidavits ; and if, in applications for a certiorari, based upon such oral agreements, the appellant is not entitled to the writ upon the uncontroverted facts, it will be denied. But in Skinner v. Maxwell, 67 N. C., 257, it is said that where a party is deprived of the right of appeal, “ without his laches, he is entitled to a certiorari as a substitute for an…
2Cases cited5 opinions
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
- Board of Commissioners v. Old Dominion Steamship Co.Supreme Court of North Carolina · 1887
- Bowen v. . FoxSupreme Court of North Carolina · 1888
- Skinner v. . MaxwellSupreme Court of North Carolina · 1872
- Williamson v. . BoykinSupreme Court of North Carolina · 1888
3Cited by5 opinions
- Sondley v. City of AshevilleSupreme Court of North Carolina · 1893
- State v. . PriceSupreme Court of North Carolina · 1892
- First National Insurance Co. of America v. ThainCourt of Appeals of Georgia · 1962
- Watson v. Kent Circuit JudgeMichigan Supreme Court · 1900
- Willis v. Atlantic & Danville Railway Co.Supreme Court of North Carolina · 1896