Baker v. . Halstead Co.
Supreme Court of North Carolina
This was an application, on the part of the plaintiff to the Superior Court of Law of Cumberland county, on the last Circuit, his Honor, Judge Caldwell, presiding, for a writ of certiorari, to bring up the record of a suit in which j udgment had been obtained against him and one Latta in the County Court of Cumberland, by the defendants, Halstead & Company.
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This was an application, on the part of the plaintiff to the Superior Court of Law of Cumberland county, on the last Circuit, his Honor, Judge Caldwell, presiding, for a writ of certiorari, to bring up the record of a suit in which j udgment had been obtained against him and one Latta in the County Court of Cumberland, by the defendants, Halstead & Company. The petition set forth the following facts: Latta was a merchant in Fayetteville, and the plaintiff had, on several occasions, endorsed for him in Bank there, and living in the country, had several times endorsed for him in blank, with…
1Opinion of the CourtNash, C. J.
The writ of certiorari is used in this State mostly as a substitute for an appeal; and when a case is so brought up to a higher tribunal, the trial is de novo. There are very few cases in which a party, dissatisfied with the judgment of an inferior Court, may not appeal to a higher one, and thereby entitle himself to have his cause heard again; and when the right of appeal is not given, the writ is used as, or in the place of, a writ of error, to reverse and correct errors of law only. The cases cited by the plaintiff’s counsel show that the principles governing the writ of certiorari have…
2Cited by1 opinion
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