Albertson v. . Terry
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1891, of Pasquotank Superior Court, Bryan, J., presiding. The plaintiffs sued to recover the sum of five hundred dollars, alleged to be due them as attorneys at law for professional services. There was judgment by default for want of an answer, and upon the inquiry as to the amount due them the questions presented for review arose. There was judgment for plaintiffs, from which the defendants appealed.
1Opinion of the Court
Clark, J.:
The case on appeal presents four exceptions for review—
1. The denial of the motion to remove
The statute (Code, §§ 196, 197) forbids the Judge to re-remove a cause on an allegation that a fair trial cannot be had in the county where pending, unless satisfied, after thorough examination of the evidence, that the ends of justice demand a removal. Here, the Judge finds as a fact that the defendants could sechre a fair trial in said county. Such finding is conclusive, and, besides the granting or refusal of such motion, is not reviewable. State v. Duncan, 28 N. C., 98; State v. Hildreth,…
2Cases cited8 opinions
- State v. . HildrethSupreme Court of North Carolina · 1849
- Guthrie v. . BaconSupreme Court of North Carolina · 1890
- Hughes v. . HodgesSupreme Court of North Carolina · 1886
- State v. . Hill .Supreme Court of North Carolina · 1875
- State v. . DuncanSupreme Court of North Carolina · 1845
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3Cited by5 opinions
- Ins. Co. v. . EdwardsSupreme Court of North Carolina · 1899
- Commonwealth Mutual Fire Insurance v. EdwardsSupreme Court of North Carolina · 1899
- Battery Park Bank v. LoughranSupreme Court of North Carolina · 1898
- Iredell County v. CrawfordSupreme Court of North Carolina · 1964
- Rankin v. OatesSupreme Court of North Carolina · 1922