Howerton v. . Henderson

This is an application on the part of the defendant, for a writ of certiorari to bring up an appeal from the superior court of Granville county, which has been lost, as the petitioner avers without default on his part. In support of the motion, he offers, besides his sworn petition, the affidavits of his two attorneys, Jno. W. Hays and Geo. Wortham, and of the clerk of the superior court; and also a letter from M. V.. Lauier, who was of opposing counsel in that court, and which was read without objection. The respondent, on the other hand, relies upon an affidavit of the same clerk to sustain…