Beck v. Knabb
Tennessee Superior Court for Law and Equity
Certiorari.—On the fourth day of the term, a rule was entered to shew cause why the certiorari should be dismissed. Upon examination of the proceedings, it appeared the certiorari had been returned the term before the last; but no supersedeas was returned. An appearance had not been entered; nor did it appear that any notice had been served.
Read the full summary
Certiorari.—On the fourth day of the term, a rule was entered to shew cause why the certiorari should be dismissed. Upon examination of the proceedings, it appeared the certiorari had been returned the term before the last; but no supersedeas was returned. An appearance had not been entered; nor did it appear that any notice had been served. At this term, it was moved that the defendant be permitted to take exceptions, as not being such a case as came under the general rule, that the defendant must except the first term. Per Curiam.—It should appear, that the defendant was apprised of the…
1Opinion
This is a point of practice that deserves much consideration, more perhaps than can now be afforded, but as it strikes me, the practice of North Carolina, as stated in Hayw. 280, 346, is extremely doubtful, as to its propriety upon the English authorities. But waiving this for the present, let us consider how the practice ought to stand here; for surely we are not implicitly bound by what we find in their books.1 By the English law a certiorari, as a remedial writ, could not ordinarily be granted after trial, unless on points of law; and then not to courts to which a writ of error would lie.…
2Cases cited2 opinions
- Rosencrans v. Territory of WashingtonWashington Supreme Court · 1890
- Pennsylvania v. Kirkpatrick, Pennsylvania Court of Common Pleas, Alleghany County1794