Sheppard v. . Bland
Supreme Court of North Carolina
MotioN to set aside an execution heard at Fall Term, 1881, of Pitt Superior Court, before Shipp, J. In 1867, Theophilus Bland instituted an action in the superior court of Pitt county against C. J. O’Hagan and others, which pended until spring term, 1870, when it was brought to trial and a verdict rendered in favor of the de-, fendants, and thereupon it w&s adjudged that the defendants recover of the said plaintiff and his sureties on the prosecution bond the costs of the…
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MotioN to set aside an execution heard at Fall Term, 1881, of Pitt Superior Court, before Shipp, J. In 1867, Theophilus Bland instituted an action in the superior court of Pitt county against C. J. O’Hagan and others, which pended until spring term, 1870, when it was brought to trial and a verdict rendered in favor of the de-, fendants, and thereupon it w&s adjudged that the defendants recover of the said plaintiff and his sureties on the prosecution bond the costs of the action. There was an appeal to the supreme court where the judgment of the superior court'was affirmed, and at fall term,…
1Opinion of the CourtRuffin, J.
After much consideration bestowed upon this cause, rendered exceedingly difficult by reason of the cumbersome and illegible record which accompanies it, we feel ourselves constrained to remand it to the end that additional facts may be ascertained and the conclusions of law declared thereon.
The jurisdiction of this court is purely an appellate one, to be exercised only after the court below has passed upon all the facts essential to a proper settlement of the contention between the parties, and found them to be one way or the other, and thereupon, separately, declared the conclusions of law.…
2Cases cited2 opinions
- J. N. Clegg v. . the New York White Soap Stone Co.Supreme Court of North Carolina · 1872
- Foushee v. PattershallSupreme Court of North Carolina · 1872
3Cited by3 opinions
- City of Charlotte v. BMJ OF CHARLOTTE, LLCCourt of Appeals of North Carolina · 2009
- State v. . WallinSupreme Court of North Carolina · 1883
- Morris v. . MorrisSupreme Court of North Carolina · 1885