Collins v. . Gilbert
Supreme Court of North Carolina
This was an application made to the Judge of the Superior Court of Caldwell County, for a reeordari, as a substitute for an appeal from a Justice’s judgment. The petitioner was the defendant in the judgment, and stated fully the grounds upon which her application was based.
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This was an application made to the Judge of the Superior Court of Caldwell County, for a reeordari, as a substitute for an appeal from a Justice’s judgment. The petitioner was the defendant in the judgment, and stated fully the grounds upon which her application was based. The writ of reeordari was ordered to be issued, and upon the return of the record and proceedings, the plaintiff in the judg.ment appeared and filed an answer to the petition in which many of its allegations were denied; and at the Fall Term, 1870, his Honor, Judge Mitchell, presiding, the following is the only entry of…
1Opinion of the CourtReade, J.
This was an application for a writ of recordar ri as a substitute for an appeal from a Justice’s judgment.
The record shows no evidence, except the complaint and' answer, which we suppose were treated as affidavits.
The only question is, whether a writ of recordwri ought to have issued. This depends upon the facts. No facts are found by his Honor, and, therefore, we cannot tell whether he decided right or wrong. Nor can we look into the evidence and find the facts; because, the Constitution forbids us to try any “ issue of fact.” As the case is presented to us, it appears, that his Honor…
2Cases cited2 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Cardwell v. . CardwellSupreme Court of North Carolina · 1870
3Cited by4 opinions
- Hunter v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- King v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Freeman v. BennettSupreme Court of North Carolina · 1958
- Perry v. . WhitakerSupreme Court of North Carolina · 1877