State v. . Jones
Supreme Court of North Carolina
The dispute respecting the seat of justice of the county of Henderson, which was before the Supreme Court at the last term, (See Slate vs. King et al. 4 Dev. &■ Bat. 521,) was in case aga*n presented for consideration.
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The dispute respecting the seat of justice of the county of Henderson, which was before the Supreme Court at the last term, (See Slate vs. King et al. 4 Dev. &■ Bat. 521,) was in case aga*n presented for consideration. After dismission of the Mandamus, which had been directed to the commissioners appointed by the County Court to lay off and sell the lots in the town supposed to have been established, a petition was filed in the Superior Court of Buncombe, on the last circuit, before, his honor Judge Hall, by Benjamin Wilson, Epaphroditus Hightower, and John Clayton, three of the seven…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: All the exceptions and objections taken below to the alternative mandamus, have been urged here in the argument for the defendants. In support of the objection that the writ is illegal, and ought to be quashed, because it did not issue'at least ten days before the day on which it was made returnable, the counsel for the defendants relies on the 63rd section of the act “concerning Courts of Justice, Practice, Pleas and Process,” 1 Rev. Stat. ch. 31. By this it is enacted, that all writs and other civil process, (except…
2Cases cited1 opinion
- People ex rel Tremper v. Judges & Supervisors of the County of UlsterNew York Supreme Court · 1806
3Cited by3 opinions
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- State ex rel. Lorentz v. PiersonWest Virginia Supreme Court · 1920
- Delacy v. Neuse River Navigation Co.Supreme Court of North Carolina · 1821