Barnes v. . Easton
Supreme Court of North Carolina
This was a petition for recordari, heard upon notice to the plaintiffs, before Philips, Judge, at Chambers, in Roxboro, in the county of Person, on the 3d day of May, 1887. The appellant applied by petition to a Judge at Chambers for writs of recordari and supersedeas, and gave notice of such .application to the counsel of the appellees. Neither the latter nor their counsel appeared before the Judge at the time and place designated in the notice.
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This was a petition for recordari, heard upon notice to the plaintiffs, before Philips, Judge, at Chambers, in Roxboro, in the county of Person, on the 3d day of May, 1887. The appellant applied by petition to a Judge at Chambers for writs of recordari and supersedeas, and gave notice of such .application to the counsel of the appellees. Neither the latter nor their counsel appeared before the Judge at the time and place designated in the notice. The Judge, however, then and there proceeded to hear the application upon the merits, and directed the writ of recordari to be issued by the clerk…
1Opinion of the Court
Mebkimon, J.,
(after stating the case). The application by the appellant to the Judge at Chambers for the writ of recordari, as a substitute for an appeal from the judgment of a justice of the peace, and for the writ of supersedeas in that connection, was made upon notice to the appellees, and in strict observance of Rule 13 of the Rules of Practice prescribed by this Court, regulating the practice in the Superior Courts in such matters. (See Rule 13, 92 N. C., 854.) This rule, among other things, provides, that “ The petition (in such applications) shall be verified, and the writ may be…
2Cases cited2 opinions
- Rencher v. . AndersonSupreme Court of North Carolina · 1885
- Perry v. . MorrisSupreme Court of North Carolina · 1871
3Cited by15 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1889
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- Lee v. . BairdSupreme Court of North Carolina · 1907
- State v. . FarmerSupreme Court of North Carolina · 1924
- Cooper v. Board of Commissioners of Franklin CountySupreme Court of North Carolina · 1922
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