Chastain v. . Chastain
Supreme Court of North Carolina
Civil Action tried, upon a demurrer to the complaint, at Spring Term, 1881, >of Clay Superior Court, before Bennett, J. Judgment overruling the demurrer was rendered by the court, but by reason of matters bejmnd their control the defendants were prevented from taking their appeal in time, and at the October term, 1881, of this couit they made application for a writ of certiorari, and the same was granted and issued returnable on the first Monday of April 1882. There was a…
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Civil Action tried, upon a demurrer to the complaint, at Spring Term, 1881, >of Clay Superior Court, before Bennett, J. Judgment overruling the demurrer was rendered by the court, but by reason of matters bejmnd their control the defendants were prevented from taking their appeal in time, and at the October term, 1881, of this couit they made application for a writ of certiorari, and the same was granted and issued returnable on the first Monday of April 1882. There was a return to the writ and the cause docketed on the 6th day of April, 1882, and continued at that term because not reached on…
1Opinion of the CourtRuffin, J.
The court feels constrained, though reluctant, to yield to the plaintiff’s motion to distoiss. A certiorari, being but a substitute for an appeal, can only be allowed upon the same terms as are prescribed for it, and must be attended by like security. Estes v. Harrison, 1 Dev. 354.
The defendants having, themselves,recognized the record sent from the superior court as a return to the writ of cer-tiorari issued from this court, and as such procured the same to be docketed, it is now too late to disclaim it. Besides this, it is attached to and associated with the writ, and it is impossible to…
2Cases cited1 opinion
- Hutchison v. . RumfeltSupreme Court of North Carolina · 1880
3Cited by1 opinion
- Estes v. . HairstonSupreme Court of North Carolina · 1827