Smith v. . Cheek
Supreme Court of North Carolina
‘ This was a petition for a writ of beeoe, filed upon notice given to the defendant in error, and assigning various errors in the record of a suit lately pending in the Superior Court of Orange county, wherein the present defendant in error was plaintiff, and tiie present petitioner, as the executor of James M. Minnis, was defendant.
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‘ This was a petition for a writ of beeoe, filed upon notice given to the defendant in error, and assigning various errors in the record of a suit lately pending in the Superior Court of Orange county, wherein the present defendant in error was plaintiff, and tiie present petitioner, as the executor of James M. Minnis, was defendant. As the opinion of this Court is founded entirely upon the want of authority in the Supremo Court to issue the writ prayed for in the petition, it is deemed unnecessary to set out the grounds upon which the application is based. The cause was argued by Fovole, K.…
1Opinion of the CourtBattle, J.
This is a petition, to this Court, for a writ of error, to be directed to the Superior Court of Law for the county of Orange, for the purpose of reversing a judgment rendered in that Court in favor of the defendant in error, against the petitioner, as the executor of James M. Minnis. The counsel for the defendant in error, opposes the petition, upon the ground that this Court has no power to issue a writ of error; and in support of his opposition, he relies upon the cases of Binford v. Alston, 4 Dev. Rep. 354, and American Bible Society v. Hollister, 1 Jones’ Eq. Rep. 10.
In the first of these…
2Cited by2 opinions
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- Walton v. . GatlinSupreme Court of North Carolina · 1864