Heath v. . Lancaster
Supreme Court of North Carolina
Motion of plaintiff for writ of certiorari. Affidavits were filed in support of and in opposition to the motion. There was also a motion of defendant to affirm the judgment below.
1Opinion of the Court
ClaRK, J.:
The record proper was filed in this Court at the first Term after the trial below and a certiorari asked for, as the case had not been settled by the Judge. This was the proper course, and if the appellant was not in laches, the certiorari would issue. Owens v. Phelps, 91 N. C., 253; Pittman v. Kimberly, 92 N. C., 562. In such case, as the trial Judge ( His Honor Judge Graves) has since died, a new trial would be ordered. State v. Parks, 107 N. C., 821; Brendle v. Reeves, 115 N. C., 552. But in the present case, the appellant does not negative laches. It appears that after the…
2Cases cited5 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Simmons v. . AndrewsSupreme Court of North Carolina · 1890
- Owens v. . PhelpsSupreme Court of North Carolina · 1884
- State v. . ParksSupreme Court of North Carolina · 1890
- Brendle v. . ReeseSupreme Court of North Carolina · 1894