Tisdale v. Gandy.
Supreme Court of North Carolina
From Nash. This was a motion to vacate a judgment, made upon the following facts. A suit depending in Nash County Court between the Plaintiff and Defendant, in May 1815 was referred to arbitrators, and the order of reference was renewed from term to term until August 1815. On the 25th of September 1815, the arbitrators returned an award in favour of the present Defendant, and thereupon a writ off. fa. issued against the present Plaintiff, bearing teste August term 1815. On…
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From Nash. This was a motion to vacate a judgment, made upon the following facts. A suit depending in Nash County Court between the Plaintiff and Defendant, in May 1815 was referred to arbitrators, and the order of reference was renewed from term to term until August 1815. On the 25th of September 1815, the arbitrators returned an award in favour of the present Defendant, and thereupon a writ off. fa. issued against the present Plaintiff, bearing teste August term 1815. On this fi. fa. the Sheriff returned a levy, and writs of ca. sa. issued afterwards against the Plaintiff until February…
1Opinion of the Court
This is a motion to vacate a judgment on an award, on the ground that it was entered up in vacation instead of during the term; and the first inquiry is, was it so entered? If we look only at the transcript of the record sent up by the clerk of the Superior Court, we perceive that the cause was referred at May Sessions, 1815, and the judgment is entered at August of the same year. This, however, is but a transcript of the record sent from the County to the Superior Court, and can at best be only a copy of the record accompanying the appeal. A certified copy of the record of the proceedings in…
2Cases cited1 opinion
- Slocumb v. . AndersonSupreme Court of North Carolina · 1814