Simonton v. . Chipley
Supreme Court of North Carolina
Motior to set aside a judgment, heard by Buxton, J., at July Special Term 1869 of Iredell Court. The question had been brought by appeal from the County Court of that county, in which at August Term 1867, an order had been made, upon the motion of the defendant, to-set aside a judgment in debt, taken by the plaintiff’s intestate against him, at August Term 1861. In support of his motion the defendant had introduced' evidence that upon the reton of the writ in the action…
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Motior to set aside a judgment, heard by Buxton, J., at July Special Term 1869 of Iredell Court. The question had been brought by appeal from the County Court of that county, in which at August Term 1867, an order had been made, upon the motion of the defendant, to-set aside a judgment in debt, taken by the plaintiff’s intestate against him, at August Term 1861. In support of his motion the defendant had introduced' evidence that upon the reton of the writ in the action (May-Term 1861) he had appeared, and pleaded General Issue, Payment-and-set-off, and Statute-of-Limitations; and that at the…
1Opinion of the CourtDick, J.
This court cannot review the judgment in the court below, as it was rendered in the exercise of a discretionary power in matters of fact.
The appellate jurisdiction of this court extends only to the correction of errors in law. It cannot hear evidence in a cause, and of course cannot properly determine questions, depending upon facts.
This doctrine has been so fully discussed, and is so well settled, that it is unnecessary for us to consider it further: Britt v. Patterson, 10 Ire. 390; Bagley v. Wood, 12 Id. 90.
We concur in the ruling of his Honor in the court below, and the judgment must be…
2Cited by1 opinion
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