March v. . Thomas
Supreme Court of North Carolina
PETITION for a certiorari, filed in this Court at the present term. The case in which the certiorari was asked is that reported •ante p. 87. The petition stated that the plaintiffs had appealed from the ■decree made at Spring Term 1867 of Davidson Court of Equity, and filed an appeal bond; that under the belief that the cause had been sent up, they employed counsel in the Supreme Court, but were afterwards informed by Mm that it had not been docketed; that the reference had…
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PETITION for a certiorari, filed in this Court at the present term. The case in which the certiorari was asked is that reported •ante p. 87. The petition stated that the plaintiffs had appealed from the ■decree made at Spring Term 1867 of Davidson Court of Equity, and filed an appeal bond; that under the belief that the cause had been sent up, they employed counsel in the Supreme Court, but were afterwards informed by Mm that it had not been docketed; that the reference had miscarried in regard to certain items, and had included matters in which ■the petitioners had no interest. The defendant…
1Opinion of the CourtDick, J.
The rules of law relating- to writs of certiorari' are well settled in this State, and they are fully considered and applied in tbe cases referred to in Battle's Digest.
When a person thinks that injustice or error has been done in his suit by an inferior Court of record, his ordinary remedies are an appeal, or writ of error, to a Superior Court to-have the matter reheard. If these ordinary remedies are denied, or fail, without any default of the party desiring to use them, he is entitled to the extraordinary remedy of the writ of certiorari, but he must generally show upon his application…
2Cited by4 opinions
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- Pue v. HoodSupreme Court of North Carolina · 1942
- State v. . ButnerSupreme Court of North Carolina · 1923
- Marler-Dalton-Gilmer Co. v. Wadesboro Clothing & Shoe Co.Supreme Court of North Carolina · 1909