Boing v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
MOTION to. dismiss a recordari heard at July Special Term, 1882, of Vance Superior Court, before Graves, J. On the 12th day of December, 1881, the defendant moved for, and obtained from the superior court of Vahee county, a writ of recordari to bring up a certain proceeding theretofore had before a justice of the peace and two freeholders of the county, under the act providing a remedy for the owner of stock killed by a l’ailroad.
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MOTION to. dismiss a recordari heard at July Special Term, 1882, of Vance Superior Court, before Graves, J. On the 12th day of December, 1881, the defendant moved for, and obtained from the superior court of Vahee county, a writ of recordari to bring up a certain proceeding theretofore had before a justice of the peace and two freeholders of the county, under the act providing a remedy for the owner of stock killed by a l’ailroad. In support of the motion, the defendant filed an affidavit of one of its agents, in which it was set forth that the trial before the justice and freeholders…
1Opinion of the CourtRuffin, J.
If, as we suppose, His Honor’s ruling rested upon the idea that, conceding the facts to be as alleged by the defendant, they furnished no excuse for its laches or grounds for the relief asked, we feel constrained to give it our concurrence.
In Webb v. Durham, 7 Ired., 130, it was held that whenever a writ of recordari was asked for, as a substitute for an appeal, the application should be speedily made; and that any delay, after the earliest moment in the party’s power to apply, must be satisfactorily accounted for.
It was also held in Hahn v. Guilford, 87 N. C., 172, that an appeal meant an…
2Cases cited3 opinions
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Hahn v. . GuilfordSupreme Court of North Carolina · 1882
- Brown v. . WilliamsSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Taylor v. JohnsonSupreme Court of North Carolina · 1916
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
- Johnson v. Reformers.Supreme Court of North Carolina · 1904
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